Australian 'exceptionalism' on the issue of a national Charter of Human Rights is repeatedly noted (and frequently lamented) by lawyers, public commentators and disaffected minorities. Yet, attempts in recent decades to introduce federal legislation for the comprehensive protection of human rights have either failed or fallen short of a general Charter or Bill of Rights.
The current National Consultation of Human Rights represents a strategic opportunity to influence government policy. Yet, the policy debate in Australia is taking place against a constitutional and legal backdrop which may require a different form of 'exceptionalism' - acknowledging the imperatives which flow from having a written Constitution.
In this lecture, Associate Professor Wendy Lacey, School of Law, will examine some of those features which are likely to influence the outcome of the consultative process, the recommendations of the Consultation Committee and the possibilities for reform.
