Topics

While this blog is largely a running commentary, picking up issues as they come and go, some of the posts concern less transient topics. The ‘Categories’ list – to the right, in the left-hand column, after the ‘Recent Posts’ – links sections of the Charter to relevant posts. This page groups some of the significant posts in broader categories. [EDIT: Alas, I haven't had time to update this page since June. Use the search or categories list to find more recent posts of significance.]

The Charter’s drafting

• The almost cool Charter
• The messy origins of Charter s. 39(1)
• Charter s. 6(2)(b) or not to be?
• The messy effect of Charter s. 39(1)
• Could the Charter reduce Victorians’ rights?
• No Canada: The EM vs Liberty and Security
• Frankly not bright enough
• Can public authorities limit rights?
• The scope of the interpretation mandate
• The superlative WA draft
• Ordinary rendition under the Charter
• The messy demand of Charter s. 39(1)
• The s6(2)(b) jigsaw

The Charter in courts

• Declarations: Anti-matter or just dark matter?
• A High Court interpretation mandate?
• The dreaded passing mention
• s78B v the Charter
• The right to a fairer trial
• Justice Heydon’s 2020 submission
• Transition pains
• The gap in Charter rights for children
• The gap in Charter trial remedies
• The Charter vs Mokbel’s trial
• The responsibilities of trial judges
• The responsibilities of appeal judges
• The Charter vs sleep
• The Charter vs landlords
• The centralised common law

The rights dialogue

• The new parliamentary dialogue
• An outcome for the new parliamentary dialogue
• Victorians get five new Charter rights
• The price of the Charter
• It’s everyone’s conduct mandate
• Some real community consultation
• Is the parliamentary dialogue working?
• Albrechtsen’s bodgy column
• Revisions to statements of compatibility
• The right to Hinch
• Bob Carr vs the Constitution
• Rights, policy & SARC
• The High Court of abstractions

Particular rights

• The human rights case of the decade
• The right to adult incest
• The Charter vs the War on Iraq
• The Charter and the Chaser
• The right to smell
• The other right to smell
• The right to relationship ceremonies
• The Charter vs the Pill
• The right to gay marriage
• The right to pretend child porn
• Art of crime?
• The Charter and abortion
• The right to Sudoku
• The Charter vs evidential burdens

Book reviews

• Review: Human Rights Charters in Australia
• Review: Australian Bills of Rights
• Review: An Annotated Guide to the Victorian Charter of Human Rights and Responsibilities