Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.

Bauman, strangerhood and attitudes towards immigrants among the Australian population

Through an investigation of the idea of the stranger, this article seeks to blend theory with empirical research. It does this in three ways. First, it engages with a social theory of the stranger articulated in the work of Zygmunt Bauman. Second, it examines data from the Australian Election Study surveys between 1996 and 2007 in order to explore attitudinal changes towards groups of immigrants. The findings from this survey suggests that attitudes towards immigrants in general have fluctuated in Australia, despite the negative effects of economic globalization, the growth in neoliberal economic reforms and terrorist attacks in the West. Third, drawing on Bauman's theory of the stranger we provide an interpretation of these fluctuating attitudes through the idea of the hybrid stranger. Finally, we argue that a more nuanced understanding of these attitudes towards immigrants in Australia is possible when a theory of the stranger is informed by a discussion on the constitution of host self, the influence of the media, the role of government policy, and the impact of class and geography.

Devaluation of a constitutional guarantee : the history of section 51(xxiiiA) of the Commonwealth Constitution

This article describes constitutional and socio-historical background to the referendum that led to the inserrion of s 51(xxiijA) into the Commonwealth Constitution. It traces judicial interpretations of the clause 'but not so as to authorise any fonn of civil conscription' through the major cases, including British Medical Association v Commonwealth, General Practitioners Society v Commonwealth, and Alexandra Private Geriatric Hospital Pty Ud v Commonwealth. The issue of the powers of the Commonwealth to regulate private medical practice without infringing the constitutional guarantee against civil conscription is analysed in the context of the development of National Health Care Schemes for financing medical benefits (Health Insurance Commission v Peverill). Constitutional aspects of the 1995 legislation enabling the introduction into Australia of purchaser-provider agreements ('managed care ') are also examined. Finally, the article questions the constitutionality of the Australian Competition and Consumer Commission s powers to regulate the essential elements of the patient-doctor relationship.

Defining educational research : a perspective of/on presidential addresses and the Australian Association for Research in Education

This paper is concerned with the definition of the field of educational research and the changing and developing role of the Australian Association for Research in Education (AARE) in representing and constituting this field. The evidence for the argument is derived from AARE Presidential Addresses across its 40-year history. The paper documents the enhanced complexity and diversity of the field over these 40 years, including the emergence of a global educational policy field, theoretical and methodological developments in the social sciences and new research accountabilities such as the Excellence in Research for Australia (ERA) measure. Specifically, the paper suggests that the evidence-based movement in public management and education policy, and the introduction of the ERA, potentially limit and redefine the field of educational research, reducing the usefulness and relevance of educational research to policy makers and practitioners. This arises from a failure to recognise that Education is both a field of research and a field of policy and practice. Located against both developments, the paper argues for a principled eclecticism framed by a reassessment of quality, which can be applied to the huge variety of methodologies, theories, epistemologies and topics legitimately utilised and addressed within the field of educational research. At the same time, the paper argues the need to globalise the educational research imagination and deparochialise educational research. This call is located within a broader argument suggesting the need for a new social imaginary (in a post-neoliberal context of the global financial crisis) to frame educational policy and practice and the contribution that educational theory and research might make to its constitution. In relation to this, the paper considers the difficulties that political representations of such a new imaginary might entail for the President and the Association, given the variety of its membership and huge diversity of its research interests.

Principles of Australian public law

In this relatively short book, David Clark sets out to fill what he perceives to be a gap in the presently available writing on Australian public law by achieving two distinct objectives. The first is to remedy 'one of the oddest limitations of current public law writing in Australia' by detailing the history and operation of the state and territory constitutions as well as their philosophical underpinnings. The other is to explore certain areas of federal public law, such as the laws applicable to the constitution and operation of the Commonwealth Parliament and non-judicial bodies such as the Ombudsman, which are often not dealt with in leading constitutional and administrative law texts. It is acknowledged by the author that attempting to cover such a wide range of topics is a 'high-wire act'. Fortunately, apart from one slight stumble, Clark manages to keep his balance and has produced a useful précis of a number of the institutions and concepts that are fundamental to the orderly functioning of Australian society.