Do we need a national Bill of Rights in Australia? Discuss critically.Introduction: The Bill of Rights is a legal document intended to protect human rights. Australia is one of the few democratic

Authors Avatar

AIP107 Political Action, Freedom & Justice in Australia                                 Semester 1 2006

Essay topics

  1. Do we need a national Bill of Rights in Australia?  Discuss critically.

Introduction:

          The Bill of Rights is a legal document intended to protect human rights.  Australia is one of the few democratic countries in the western world that does not have a Bill of Rights.  Throughout history the introduction of the Bill of Rights has been a controversial issue.  This essay will be arguing that Australia should have a Bill of Rights.  This is because the Commonwealth constitution only ‘guarantees a few basic right and freedoms’ such as the ‘right to trial by jury, freedom of religion, acquisition of property on just terms and electoral rights’.  Furthermore, this essay will be divided into three sections.  The first section, will discuss what the Bill of Rights consists of.  The second section will analyze some problems associated with the Bill of Rights and prove that they are not cause for concern.  The final section will demonstrate the many benefits of the Bill of Rights.  

1. Bill of Rights:                                                                                                                       

          The Bill of Rights involves economic, social and cultural rights, and concerns the legal status of political and civil rights. Economic, social and cultural rights refer to the matter of human wellbeing and daily life,whilst  Legal Status embraces ‘legal equality and fair trial, freedom of speech and the right to participate in public life’.  This shows that the Bill of Rights covers a range of aspects about human rights.  On the other hand, constitutional law only covers a few rights such as the ‘right to trial by jury, freedom of religion, acquisition of property on just terms, and electoral rights’.  Therefore, it is necessary to introduce the Bill of Rights to cover those rights that are being ignored by the constitution.  .   A Human Rights Act (HRA) for the Australian Capital Territory (ACT) was introduced on first of July 2004.  According to Thomas Poole, this Act represents Australia’s first Bill of Rights:  Based on the principles of the human rights that apply to everyone who is subject to the laws of the ACT,   it adheres to the universal principles of inherent dignity and value.  

Join now!

           The HRA does not intend to override other laws, in fact it only affects the way in which Territory laws are interpreted and applied.  The courts and tribunal must express the intention of legislation to limit rights.  However, the decision of the legislation is the embracing of human rightsand the Supreme Court can always diminish it.  Under section 32 of the HRA this is called a ‘Declaration of Incompatibility’.

         Furthermore, HRA is also preserving parliamentary sovereignty.  It works under the ‘dialogue model’ which aims to encourage ‘dialogue’ between three branches of ...

This is a preview of the whole essay