(Download) "Justiciable Socio-Economic Rights? South African Insights Into Australia's Debate." by Australian International Law Journal # Book PDF Kindle ePub Free
eBook details
- Title: Justiciable Socio-Economic Rights? South African Insights Into Australia's Debate.
- Author : Australian International Law Journal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 360 KB
Description
Abstract As Australia considers the appropriate form by which to represent her commitment to fundamental human rights, there is renewed opportunity to consider Australia's understanding of the interdependence and indivisibility of civil and political rights and socio-economic rights. Based on an understanding of justiciability as involving both normative and institutional justiciability, this article analyses the potential for judicial adjudication of socio-economic rights. This article argues that the South African example of constitutionally enshrined justiciable socio-economic rights offers practical mechanisms for addressing most of the common critiques levelled at the justiciability of socio-economic rights, including by providing a methodology for identifying an appropriate standard of judicial review, by avoiding separation of powers concerns through flexibility and judicial deference, by adopting a pragmatic approach to remedies and by using hierarchical needs-based assessments to address concerns of resource scarcity. This article argues that, thus far, the relevant human rights consultative committees in Australian states and territories have failed to fully engage with the well-developed South African example in their consideration of whether to include justiciable socio-economic rights and that such failures should not be repeated within the context of debate at the federal level.
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