Does Australia Need A Federal Bill Of Rights? Discus With Reference To Specific Cases And Legislation

2002 words - 9 pages

France and the United States of America are two countries that have seen fit to implement a 'Bill of Rights' into their constitution, which guarantees the liberties and freedoms of the individual, and reinforces the basic rights of all human beings. But does Australia Need a Bill Of Rights? The Australian Constitution does not include a specific section detailing the rights of the individual, although it has existed for over a century through many times when rights have been disregarded. However, Australia, by and large, has a good record on human rights and hence, I believe that A Bill of Rights is something that is not required to be integrated into the Australian Constitution. There are a ...view middle of the document...

After having won democracy in 1901, the introduction of a bill of rights would denote a vote of no confidence in OUR legislation and OUR people (parliamentarians). The majority of the population of Australia know their basic rights and these rights are adequately reflected in Australian Parliament. Our democracy has worked well in the past and should continue to do so in the future. A Bill Of Rights would be unnecessary.My next point is that Australia has not had any major problems with human rights in recent times. Events such as the shift from assimilation to multiculturalism have meant that Australia has become one of the most ethnically diverse countries. The Mabo vs. Queensland (2) decision of 1992 was another landmark event that represented the recognition of Native Title for Aborigines and Torres Strait Islanders. From reference to Justice Brennan's judgement, he said that"it was proper for courts in Australia to have regard to international human rights jurisprudence in developing the common law and in resolving ambiguities of legislation"He also said that this was an inevitable process, once Australia signed the First Optional Protocol to the International Covenant on Civil and Political Rights. This action rendered Australia accountable in the international community for breaches of fundamental rights. What Justice Brennan said in 1992 further highlighted the fact that Australia was developing its common law with consideration to International Human Rights. If there were violations of basic fundamental rights in Australia, the government would be liable to answer to the international community. 14 years onwards, Australia is now one of the most ethnically diverse nations and is regarded as one of the more democratically advanced countries in the world. Furthermore, this has been achieved without a Bill Of Rights.The ability of Australia's democratic institutions to protect human rights is complemented by a number of specific constitutional and common law protections. The Australian Constitution provides specific protection for certain rights and freedoms. These include the right to a trial by jury, freedom of religious association, prohibition on discrimination on the basis of State residence, freedom of inter-State trade and commerce and just terms for the acquisition of property. In addition, the High Court has held that other rights are implied in the Constitution, including the right to freedom of political communication. Common law also protects rights in many ways. As aforementioned, in the Mabo case, the native title rights and interests of indigenous Australians were recognised. For centuries the common law has played a major role in the protection of existing and emerging rights. This has ensured that the law is in step with the community. I expect that this process will continue to protect human rights for the foreseeable future and hence, a Bill Of Rights would not be needed.It is the job of elected politicians, the courts...

Other Essays On Does Australia Need A Federal Bill Of Rights? Discus With Reference To Specific Cases And Legislation

In Specific, The Mass Of A Volatile Unknown Liquid Was Discovered With The Use Of The Calorimeter

1015 words - 5 pages This is a standardized lab write up for an American Advanced Placement Chem class dealing with the use of a calorimeter. In specific, the mass of a volatile unknown liquid was discovered with the use of the calorimeter.Experiment Eleven - Heat Effects and CalorimetryIn this lab, molar mass of a volatile liquid was determined through the use of a calorimeter The lab validates the equation Q=S.H * M * T, by using the known or calculable values of

Transform The Organizational Structure Of A Organization To Enable Them To Meet The Public Need And To Gain The Knowledge And Expertise Required To Challenge The Competition

3552 words - 15 pages three characteristics of a problem: 1- Be aware of the problem; 2- Be under pressure to act; and 3- Have the resources to take action. With that said, I have identified the challenges I will face in this process. I will begin by explaining what change management is and the specific issues ACME will have along with how I plan to resolve them. Below are a list of a few items I feel will greatly make or break this new venture: Definition

"Conflict Is Central To All Drama" - Discuss In Reference To Death Of A Salesman

908 words - 4 pages with his sons, and less on his hopeless dreams. As the audience sees in his flashbacks, Biff and Happy admired Willy a lot when they were younger. However, now that they are grown and are trying to succeed on their own, they see Willy as a failure. Both his sons have been effected by Willy's lies and incorrect notions of the road to success. Biff was always praised by Willy, no matter what he did, and Willy built up his self esteem to the point that

We Need To Make A Change

1483 words - 6 pages Suggest that my local newspaper publish a special section on the racial and cultural diversity of our community. I would like to speak about racism and human rights in schools around my community. To make children more aware that different is good and different people are need to make the world a better place to live.I can form a community to explore ways in which my community can work together to promote positive race relations.In the schools I would

The Brady Bill - The Licence To Carry A Gun

1821 words - 8 pages medical records are kept secret, and there is no way of telling who is getting the guns. Even with the limited purpose and reach of the bill, it was still called a major victory for gun control advocates.However, in the 1994 elections, the NRA decided that things were going to change. They put on a massive campaign and spent $3.2 million on candidates on the federal and state levels that were favorable to their position. Out of these candidates

Describe the responses of individuals, groups and governments in Australia to the challenge of reconciliation

613 words - 3 pages and governments in Australia.The government has addressed the challenges of reconciliation through constitutional means, common law and legislation. The move towards reconciliation started with a landmark amendment to the Australian Constitution was a result of the overwhelmingly supported 1967 referendum. Since then there have been several events addressing the challenges of reconciliation.In 1991, the formal process for reconciliation began

Othello's Tragic Flaw Is His Own Feelings Of Insuperiority. Iago Manipulates Othello By Use Of This Tragic Flaw. Discuss, With Close Reference To The Text

2302 words - 10 pages Desdemona. When Iago does manage to speak with Othello, he does so with the hope of leading Othello in to a jealous rage that will cause him to do things that would be "unheard of in Venice".Haply for I am black,And have not those soft parts of conversationThat chamberers have; or for I am declinedInto the vale of years--yet that's not much--She's gone. I am abused, and my reliefMust be to loathe her. O curse of marriage,That we can call these delicate

Discusses The Symptoms, Possible Treatments And Famous Cases Of ALS

671 words - 3 pages Amyotrophic Lateral Sclerosis (ALS), also known as Lou Gehrig's Disease, is a life threatening neurodegenerative disease. ALS occurs when specific nerve cells in the brain and spinal cord that control voluntary movement gradually degenerate. It could be a result of viral infections, Apoptosis (programmed cell death), trauma, and environmental toxins (Turner). The loss of these motor neurons causes the muscles under control to weaken and waste

"Run Lola Run", Director: Tom Tykwer 1999. Analyse The Connotations Of The Selected Sequence. Also Pay Attention To How The Sequence May Be Reproducing A Specific Ideological Position

1868 words - 8 pages character to character in order to boost the intensity of the scene and by managing to build a steadily increasing pace he therefore succeeds in making the viewer struggle to keep up and thus identify with the characters situation.'In general, by controlling editing rhythm, the filmmaker controls the amount of time we have to grasp and reflect on what we see'Specifically, this can be seen after Manni states:"That's it, I'll rob the store!"The words

Title Is Self Concept And Is About How People React Interpersonally By How They Act In Everyday Life. Things In Qutations Need To Be Changed With Your Information

801 words - 4 pages that I need to work on with interacting. If I'm in a situation with a lot of people that I don't know or don't know that well, I have a hard time starting a conversation. This I know is a step back in my communication skills and would definitely broadcast to other people that I'm either shy, don't like talking, stuff like that. I'm sure it does. Also, talking in front of large crowds or in front of classes makes me nervous. I'm not sure why, but

Andrew Jackson's Principals And Supremacy Of The Federal Government

872 words - 4 pages . Jackson was anticipated to have a fruitful, successful, and dynamic presidency, for having been able to truly connect to the common man. However, with the help of his eager supporters, the rule that Jackson had over the federal government proved to be not only bigoted, but temperamental as well, from the removal of Native Americans from the United States, to the sudden veto to recharter the country’s bank.As the discovery of gold down south

Similar Papers

With Reference To Masculinity And Or Femininity Discuss The View That Lifestyle Magazines Offer Their Audience A Conservative Construction Of Gender

1022 words - 5 pages Lifestyle magazines deal in entertainment and leisure, they tend to be gender specific and have a mode of address to that of a peer. They tend to target specific age groups within genders. The lifestyle magazine market is an oligopoly, which means that a small group of publishers dominate the market. Publishers tend to spread their titles and so can pick up the readers, as they grow older. Magazine companies survive through dual stream revenue

Does The Thing By John Carpenter Reinforce Or Challenge The Status Quo? Is The ‘Signature Style’ Evident? Discuss With Reference To Both The Film’s Semantic And Syntactic Elements

3168 words - 13 pages assignment, list group members here Does The Thing by John Carpenter reinforce or challenge the status quo? Is the 'signature style' evident? Discuss with reference to both the film's semantic and syntactic elements.IntroductionJohn Carpenter's 'The Thing' (1982) is remake of Howard Hawk's 1951 film of the same name, as well as a re-adaptation of the late John W. Campbell, Jr's story 'Who Goes There?' It is a film spectacle which is conforming

Title: Andrew Jackson Topic: Does Andrew Jackson Deserve To Be Pictured On A Twenty Dollar Bill?

743 words - 3 pages have a place in society. He governed with the principle to "let the people rule." Under his leadership, he and his followers issued reforms to reduce the long workdays and allow the average man to earn a greater share of the nation's wealth. Wanting economic opportunity for all men, Jackson acted on his leadership skills to protect the rights of farmers, artisans, and small shopkeepers from the selfish interests of large businesses and monopolies

With Reference To Bharati Mukherjee's "Jasmine", Write On The Following Topic: Violence And Transformation

2187 words - 9 pages village girl. His great desire to re-make her identity is emphasized by the fact that he wanted her to "break off from the [feudal] past", which he views with condescension as he feels that the village is backward and refers to the villagers as "ignorant peasants". "Jasmine" is also the name with which she carries out her "mission", which is a significant part of her development as she finds her true identity in America.She is next called "Jazzy