CCCS & AHRC Seminar: The Constitution and a Human Rights Act

 

“The Constitution and a Human Rights Act.”   Joint CCCS and Australian Human Rights Commission Public Seminar

 

 **please click on the following link for access to an online Lectopia recording of the seminar: http://harangue.lecture.unimelb.edu.au/ilectures/ilectures.lasso?ut=651&id=69604 **

 

In late 2008, the Commonwealth Government established the National Human Rights Consultation to consider the following:

 

·                     Which human rights (including corresponding responsibilities) should be

            protected and promoted?

·                     Are these human rights currently sufficiently protected and promoted?

·                     How could Australia better protect and promote human rights?

 

Though the terms of reference rule out an entrenched constitutional bill of rights, the possibility of a National Human Rights Act remains open.

 

This seminar considers how such an Act would relate to the existing Constitution, whether the Constitution provides any obstacles to the enactment of such an Act and how any potential constitutional problems might be overcome.

 

Chair:            The Hon. Catherine Branson QC, President, Australian Human Rights Commission

 

Speakers:      Professor Adrienne Stone

                       Mark Moshinsky SC - click for a copy of his presentation. 

                       Associate Professor Kristen Walker - click for a copy of her presentation.

Date:               Tuesday 28 April 2009

 

Time:              5:30 pm - 7:00 pm

 

Venue:            Lecture Theatre G08

Melbourne Law School, 185 Pelham Street, Carlton

 

SPEAKER PROFILES

 

The Hon. Catherine Branson QC, President, Australian Human Rights Commission

The Hon. Catherine Branson was appointed President of the Australian Human Rights Commission in 2008. At the time of her appointment, she was a judge of the Federal Court of Australia, a position she had held since 1994. At the time of her appointment to the Federal Court, Ms Branson was a member of the Board of Examiners of the Supreme Court of South Australia, a council member of the University of South Australia and a Trustee of the Adelaide Festival Centre Trust.  She had earlier been Deputy Chair of the Adelaide Medical Centre for Women and Children and a member of the National Women’s Advisory Council. Ms Branson holds a Bachelor of Arts and a Bachelor of Laws from the University of Adelaide.

 

Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies

Adrienne Stone researches in the areas of constitutional law and constitutional theory.  She has published extensively on freedom of expression, the legal and institutional questions surrounding bills of rights and on judicial method in constitutional cases. She has held a Chair at Melbourne Law School since 2007.  Her past positions include a Fellowship at the Research School of Social Sciences at the Australian National University, Associate-in-Law at Columbia Law School, a solicitor at Malleson Stephen Jaques in Sydney and Associate to the Hon. Justice M.H. McHugh of the High Court of Australia. She is a member of the Executive Committee of the International Association of Constitutional Law, the Council of the Australian Association of Constitutional Law and is a Vice President of the Australian Society of Legal Philosophy. 

 

Mark Moshinsky SC

Mark Moshinsky practices mainly in Commercial Law, Conflict of Laws, Constitutional Law, Administrative Law and Taxation.  Mark studied law at the University of Melbourne 1984-1988 and was awarded the Supreme Court Prize 1988.  He completed a Bachelor of Civil Law with First Class Honours at Oxford University as a Rhodes Scholar. 

 

Associate Professor Kristen Walker

Kristen Walker was admitted to practice in 1993 and signed the Bar Roll in 2004. She completed her articles with Arthur Robinson & Hedderwicks, in commercial litigation, before becoming an Associate to Sir Anthony Mason, then Chief Justice of Australia. After completing her associateship Kristen moved to the University of Melbourne Law School, where she is currently an Associate Professor.  Kristen has published widely in constitutional law, administrative law, international law and refugee law. In constitutional law, Kristen's work has included issues concerning judicial power, the implied freedom of political communication, the relationship between international law and constitutional law, and constitutional interpretation generally. As a barrister, Kristen has appeared in many constitutional cases and cases concerning the Victorian Charter of Human Rights and Responsibilities.