Human Rights and Social Justice Research Cluster
This multi-disciplinary strand undertakes research into the theoretical and normative foundations of human rights and investigates how human rights can advance social justice. It brings together philosophers, lawyers and other human rights researchers and combines work on the nature, function and reach of human rights with investigation of their practical implementation. Researchers in this strand work on a range of human rights issues of contemporary importance. These include equality for vulnerable individuals and disenfranchised social groups, poverty, migration, detention and access to justice.
A Relational Theory of Procedural Justice (2017)
Denise Meyerson, Catriona Mackenzie, and Therese MacDermott
ARC Discovery Project (2017). Awarded: $207,000
Summary: This project aims to develop a relational theory of procedural justice, based on the quality of interactions between individuals and legal authorities. Just procedures maintain the public's trust in the legal system, but lawyers and philosophers have not studied what makes legal procedures morally justifiable. The project will use empirical studies about the public's understanding of procedural justice to enrich the normative analysis and demonstrate the value of the theory in the practical setting of tribunal proceedings. This research is expected to contribute to theoretical and practical debates about how to improve legal procedures.
Law, Morality and Risk
Summary: The traditional response of the law to harmful conduct is backwards-looking: liability is imposed on the basis of past conduct. Increasingly, however, the law is being used to prevent conduct which poses a future risk of harm. On this forwards-looking approach, the rights and liberties of individuals are restricted not because of what they have done in the past but purely because of what they might do in the future. The aim of this project is to investigate the moral, political and human rights issues which attend such coercive preventive measures. It will propose an ethical and rights-respecting framework to guide policymakers in this area.
The Impact of Human Rights Legislation in Australia
Denise Meyerson and Simon Rice
Macquarie University Research Development Grant
Summary: This project contributes to the development of law and public policy in the field of human rights. The impetus behind it is the notable absence of information in countries which have enacted bills of rights as to whether they make a difference and even how one might tell. Since Australia is at the beginning of this process, and since the need for human rights legislation is a subject of national debate, the aim of this project is to assess the extent to which recent human rights legislation in the ACT and Victoria has increased respect for human rights. Target areas are courts and tribunals, public debate, lawyers and civil society organisations. The findings will be used to make submissions to current inquiries into human rights legislation.