Overview

Strategic Human Rights Litigation in Australia is the first book to examine the theory and practice of promoting human rights through Australian courts. Although Australian lawyers rarely label their work as ‘strategic human rights litigation’, the approach is well known to those working for social justice. This form of lawyering is distinguished by its orientation toward promoting human rights and harnessing litigation’s potential to influence law, policy, public discourse, and broader advocacy campaigns. This edited collection brings together contributions from leading Australian human rights experts. The first half of the book covers topics related to designing and running strategic litigation. The second half offers thematic chapters on areas such as First Nations rights, climate change, refugee protection and police accountability. The book highlights both the opportunities and the limitations of pursuing systemic reform through the courts. It traces how litigation can amplify community campaigns, shift public narratives, and hold powerful actors to account—while also recognising the significant barriers posed by costs, delays, procedural hurdles, and political resistance. By situating these contributions side by side, the book provides a shared framework for understanding, critiquing, and advancing strategic litigation in Australia. Taken together, these contributions offer both a record of what has been achieved and a resource for practitioners, advocates, scholars and students seeking to strengthen the role of litigation within broader campaigns for justice.

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9781760025755

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