Australia would not be a better place if we had a Bill of Rights. Challenging state power can be done both informally, fluctuating methods of challenging government decisions by persons affected by the decisions and processes, and formally, methods that are more permanent than the informal methods of challenging government decisions. In both the Mabo and Wik cases state power was challenged formally through the High Court of Australia. There are a variety of advantages and disadvantages both statutory and constitutional for Australia to enact an Australian Bill of Rights but the disadvantages clearly outweigh the advantages hence Australia would be a better place without a bill of rights.
Informal means of challenging state powers are fluctuating methods of challenging government decisions by persons affected by the decisions and processes. ‘Informal’ signifies a lack of permanence and consistency in the person or organisation approached to aid the challenge. The media have become one of the great powers in any democratic form of government and in particular a major informal way of challenging state power. The power of the media is based on their ability to provide wide access to information in an extremely fast time. The m
- be undemocratic to give unelected judges the power to override the judgement of parliament
- promote tolerance and understanding in the community
- be alien to our tradition of parliamentary sovereignty
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