There it was held that, in certain circumstances, a prisoner facing a serious criminal charge, must be provided with legal counsel if to deprive him or her of such expert representation would render a trial unfair.
From the experience which is thereby derived, a confidence may develop which will encourage us to follow the same course in the Federal sphere in Australia.
Also, as Acts of Parliament, they can be amended or repealed suddenly and at any time Legal and Constitutional Committee, However comprehensive a bill of rights would be, it would require squeezing difficult problems into the artificially limited categories expressed in a written bill of rights.
It is sometimes argued in favour of a bill of rights that individuals and minority groups who can never muster a majority in Parliament will not have the political power to protect their liberties.
Australia is, in this respect, now one of a small minority of nations which has rejected this idea. Critics assume that these situations are possible only because we lack a rigid human rights framework, but the longevity of McCarthyism calls that into question.
It can do so in the constitutional document which gives the cement to the social cohesion of a true Commonwealth. It overlooks new problems: It is much more difficult to find agreement as to what those rights and freedoms are. We must be careful before setting-off down the path of an excessively right-prone society.
The referendum was, however, defeated. The Aboriginal Australians are the most obvious group in this class. Mr Frank Devine advanced some of those arguments at the initial meeting of this Society. It would raise the consciousness of the rights of the individual in Australia. As he shows, each side can muster strong arguments to support its point of view The Law Council of Australia, with others, is organising a major meeting, the Australian Rights Congress, which will take place in Sydney, Februaryto provide a focus for this important national debate.
We should do so in full consultation with the people of Australia. It is blatantly obvious that constitutional interpretation is a controversial and sometimes inconsistent method of protecting rights and freedoms. This is the way reforms have been achieved in matters such as anti-discrimination, homosexual law reform, equal opportunity laws and the like.
This proves once again, that elected parliamentary democracy is a better protection for human rights, in day to day practice, than a broad statement enacted in the constitution or elsewhere. The treatment of these issues prompts us to consider whether Australia has an adequate system for the protection of human rights.
However, these anti-terror laws are in fact in blatant breach of this concept. In many neglected areas of fundamental rights, it is essential that the judges be provided with the power to determine difficult questions which Parliament puts into the "too hard basket".
In recent years, the debate about a bill of rights has fallen off the front pages as the debate about Indigenous recognition took centre stage. The other side of this coin is that a bill of rights might entrench attitudes to rights which become out of date with changing times or new technology.
At the moment, the introduction into law of basic rights by judges in their particular decisions or by specific legislation, lacks this element of popular endorsement and legitimacy.
Our constitution leaves room for ambiguity, which in turn can lead to the loss of certain rights. The fact that the Federal Commonwealth would be established under the Crown.
Krygger v Williams 15 CLR It is notable that in the United States the reform of criminal procedure has lagged behind that of other developed common law countries.
Finally, it is said, Australia should stop the erosion of the specifically Australian features of our constitution. The proponents of bills of rights acknowledge the power of many of these arguments. But there are other fundamental rights which cannot be so easily expressed and enforced by the courts.
Rights held to be universal need to be universally held to be rights Editorial, The Age, 19th August This was the case with Dr Haneef, who was imprisoned for a period of 12 days, without any charges being laid on him. There is unequal access to the Courts due to the high cost of legal representation, and if legal action is necessary to interpret the Bill of Rights, it is clear that those with greater ability to pay would be advantaged.
A bill of rights would entrench their values in the basic law of the land - to prevail even over Parliament's statutes.
Notwithstanding these failures, the Federal Parliament during the Fraser Government enacted legislation establishing a national Human Rights Commission.
The Australian constitution was thought to be sufficient in regards to rights and freedoms despite the lack of an entrenched bill of rights. Does Australia Need a Bill of Rights? There can be no doubt that if we were to adopt a bill of rights in Australia there would be strong pressure to include provisions which give effect to opinions which are fashionable today but which in future may be rejected as mistaken.
Some of the draft bills of rights that have already been prepared. Bill of Rights Essay. The Billl of Rights are stated in the first ten amendments. This bill contains the rights of; freedom of religion, freedom of speech, freedom of assembly, freedom of petition, right to be protected from unreasonable searches and seizures, right to bear arms, right to not give housing to soldiers during peace time, freedom of the press, freedom to equal justice, and the.
Australia, being the only western democracy that lacks rigorous protections of individual liberty, provides a clear lesson to the rest of the world about the benefits and drawbacks of rights.
In the common law, decisions of the High Court of Australia sometimes demonstrated, even to sceptical observers, the need for bill of rights protections to override old inherited laws and to reflect notions of fundamental rights and human equality.
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Research Paper, Book Reports. ESSAYS, term and research papers available for UNLIMITED access. 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/5(3).Does australia need a bill of rights essay