This paper debates the necessity that Australia implement a Bill of Rights because the existing system is ill-equipped to meet the needs and demands of a modern democratic society.
Written in 2004; 1,720 words; 8 sources; MLA; $ 55.95
Paper Summary:
This paper explains that many experts believe the Australian constitutional system, which is based on the colonial English administrative model, is too limited and confusing; therefore, the American Bill of Rights system, which would list the basic rights of an individual and would force the government to treat the individual within the limits set by this system, is now preferred. The author points out that opponents to the enactment of a Bill of Rights in Australia have vociferously asserted that the federal parliament has the power to enact laws, which amounts to provisions envisaged in a formal Bill of Rights; however, past instances have shown that the commitment of the lawmakers in Australia is not fully sympathetic to the cause of the underprivileged. The paper relates that a formal Bill of Rights would lighten the load on the judiciary and give it a framework by which important cases relating to human rights could be decided because the courts are not always in a position to protect basic rights, as they themselves operate under many restrictions.
From the Paper:
"It is interesting to note that the founding fathers of the constitution of Australia openly rejected the proposal for a bill of rights. Since the Australian constitution was based on the British and the American system, it was only natural that a proposal for inducting a bill of rights was made. However, the proposal was rejected outright because the people who drafted the constitution of Australia felt that such a move would put the government into a great disadvantage. They felt that the provisions of the bill of rights would prevent them from invoking laws against the aboriginals and the Chinese who were discriminated against in this country. Hence, it is quite evident that the bill of rights was rejected as a legal option out of the fear of the loss of influence of the government. That the bill of rights was prevented from gaining entry into the executive branches of the constitution proves that the white dominated majority wanted to maintain their dominance over the natives as well as people of foreign origin. This is an unfortunate example of the total lack of commitment by a legal framework that should have ideally considered all citizens equally."
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