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23 - Rights

from V - Social Organisation

Published online by Cambridge University Press:  04 August 2022

Peter Cane
Affiliation:
University of Cambridge
Lisa Ford
Affiliation:
University of New South Wales, Sydney
Mark McMillan
Affiliation:
RMIT University, Melbourne
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Summary

Australia is unusual in lacking a formal bill of rights. Nevertheless, rights protections have developed, initially in the context of the emergence of settler colonialism within the British Empire. While Indigenous people were only gradually brought within the status of subjecthood, and have continued to be denied fundamental rights, early settlers including convicts had a well-developed sense of their rights as freeborn Britons. The development of the jury system, self-government and democracy were the context for a rights regime associated with a colonial liberal order in the second half of the nineteenth century. From the late nineteenth century, Australia developed a system of social rights based on the elevated status of the male breadwinner. Through the first half of the twentieth century, the British basis of rights claims remained dominant in Australia, but from the 1940s Australia was gradually drawn within an international human rights order, in a manner that strengthened the ability of marginalised groups to make rights claims through appeals to international standards and covenants. Despite the continued absence of a constitutional or legislative bill of rights, governments and courts have been active in recent decades in developing rights protections across a wide domain.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Rights
  • Edited by Peter Cane, University of Cambridge, Lisa Ford, University of New South Wales, Sydney, Mark McMillan
  • Book: The Cambridge Legal History of Australia
  • Online publication: 04 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108633949.023
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  • Rights
  • Edited by Peter Cane, University of Cambridge, Lisa Ford, University of New South Wales, Sydney, Mark McMillan
  • Book: The Cambridge Legal History of Australia
  • Online publication: 04 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108633949.023
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Rights
  • Edited by Peter Cane, University of Cambridge, Lisa Ford, University of New South Wales, Sydney, Mark McMillan
  • Book: The Cambridge Legal History of Australia
  • Online publication: 04 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108633949.023
Available formats
×