Political Rights Review and Political Party Cohesion

TY - JOUR

T1 - Political Rights Review and Political Party Cohesion

AU - Davis, Fergal F.

PY - 2015/9/10

Y1 - 2015/9/10

N2 - Australia is often said to be the only democratic nation without a national Bill of Rights, Human Rights Act or other general human rights law. This presents a certain set of challenges. The Australian response has been to adopt a model of political rights review—relying on the effective scrutiny of parliament to uphold human rights norms. As other countries, including the UK, consider alternate mechanisms for human rights enforcement, it is appropriate to reflect upon the Australian experience. Political rights review is affected by the broader political architecture—in Australia strong party discipline and the Federal structure both have the potential to impact on the effective operation of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).

AB - Australia is often said to be the only democratic nation without a national Bill of Rights, Human Rights Act or other general human rights law. This presents a certain set of challenges. The Australian response has been to adopt a model of political rights review—relying on the effective scrutiny of parliament to uphold human rights norms. As other countries, including the UK, consider alternate mechanisms for human rights enforcement, it is appropriate to reflect upon the Australian experience. Political rights review is affected by the broader political architecture—in Australia strong party discipline and the Federal structure both have the potential to impact on the effective operation of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).

U2 - 10.1093/pa/gsv047

DO - 10.1093/pa/gsv047

M3 - Article

SN - 0031-2290

VL - 69

SP - 213

EP - 229

JO - Parliamentary Affairs

JF - Parliamentary Affairs

IS - 2

ER -