Competing Visions of Liberalism: Theoretical Underpinnings of the Bill of Rights Debate in Australia

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Title Competing Visions of Liberalism: Theoretical Underpinnings of the Bill of Rights Debate in Australia
Author Patapan, Haig
Journal Name Melbourne University Law Review
Year Published 1997
Place of publication Australia
Publisher Melbourne University Law Review
Abstract When the bill of rights debate is evaluated in terms of the different traditions within liberal constitutionalism. it becomes evident that the debate is about more than the best means for securing civil liberties. It articulates a profound tension between differing notions of right and competing visions of liberal constitutionalism. From this theoretical perspective, the Australian reluctance to entrench rights reveals the strength of the dominant constitutionalism characterized by a parliamentarianism influenced by Mill and Dicey. It also highlights the character of the competing traditions, especially those of natural rights and human rights elaborated by Locke and Kant. The extent to which it is possible to say that there is now 11 confluence of these traditions, and the political and theoretical implications of such changes are explored in the light of the bill of rights debate in Australia.
Peer Reviewed Yes
Published Yes
Publisher URI http://mulr.law.unimelb.edu.au/
Volume 21/2
Page from 497
Page to 514
ISSN 0025-8938
Date Accessioned 1998-01-01
Date Available 2010-07-13T07:15:38Z
Language en_AU
Research Centre Centre for Governance and Public Policy
URI http://hdl.handle.net/10072/32055
Publication Type Article in Scholarly Refereed Journal
Publication Type Code c1

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