Does Australia Need A Federal Bill Of Rights? Discus with reference to specific cases and legislation

Essay by AnishMHigh School, 11th gradeA+, June 2006

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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 number of arguments which I believe support the idea that Australia does not require a Bill Of Rights

Firstly, a Bill Of Rights in not in our traditions. Australia is commonly known as parliamentary sovereignty, that is, the parliament is supreme to all other governmental institutions, including the courts, and may change or repeal any legislation passed by previous parliaments with a majority.

The basic notion that Australian people live on is that the people enjoy full rights to do whatever they like, unless such rights are lawfully dispossessed of them. In a democratic nation like Australia, parliament usually works well and the trust in our legislators has been justified over history. We have a democratically elected Parliament, including a Senate that provides a vigorous check on the powers of the government. We have an accountable, executive government. An example of this is the Question Time in Parliament, in which the Opposition can and does call on the Government to account for its actions. And we have a judiciary that is independent and upholds the laws of the land without fear or favour.