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Bill Of Rights And Australia

            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 media, who are less accountable to society and therefore less concerned with standards than the government, are able to use their electorate-informing power to challenge and question the abuse of state power. Members of Parliament are the elected representatives of society. Their role is to represent the interests and legal concerns of their electorate. In the event of a problem relating to the use of state power, an individual will often ask their member for assistance. Provided the use of the members" power does not harm their political aspirations, the member may use government contacts and political power to have the problem resolved in favour of the individual challenging the state power.


Essays Related to Bill Of Rights And Australia

1. Does Australia Need a Bill Of Rights?

Does Australia Need a Bill Of Rights? ... A Bill of Rights is urgently needed to reinforce decisions made by the Australian court system. ... A reason to adopt a Bill Of Rights within Australia is related to the recognition of the rights of the individual by its people. ... Adopting a Bill Of Rights can even out this anomaly in the rights of Aboriginal people, which is purely caused by the fact they have different rights to other Australians. ... A Bill Of Rights is a crucial addition to the Australian Constitution, as it clearly states the rights of the individual. ...

  • Word Count: 1187
  • Approx Pages: 5
  • Has Bibliography
  • Grade Level: Undergraduate

2. Australia's History of Aboriginal Issues

The Aborigines were not only stripped of their land and rights but were also abused and discriminated. ... Many attempts underwent such as reconciliation, affirmative action, mandatory sentencing, the development of indigenous legal rights, and the Stolen Generation. ... One of the next attempts by the Australian community to address problems faced by indigenous people, was to develop Aboriginal legal and status rights, as well as giving land rights and claims to the Aborigines. ... The federal government in 1991 launched the policy of reconciliation as a bill in Parliament, which was passed u...

  • Word Count: 649
  • Approx Pages: 3
  • Grade Level: Undergraduate

3. Genocide Of Indigineous Australia

Clearly, there is no Australian Dachau. ... As Australian federal law stands to this date, it is not illegal to commit domestic genocide in Australia. Although the Australian government signed the international United Nations Genocide Convention Bill in 1948, and ratified it in 1951, since then none of its provisions have been implemented into federal law. ... Although the wording of this bill is by no means without controversy, it is currently the only internationally agreed upon classification by law. ... With the convicts, soldiers and settlers came diseases to which Aboriginal people h...

  • Word Count: 2923
  • Approx Pages: 12
  • Has Bibliography
  • Grade Level: Undergraduate

4. Australian Consitutional Beginnings

The Australian Constitution came into force in 1901 with the federation of the separate state colonies into the Commonwealth of Australia. ... The Australian Constitution has remained relatively untouched since it came into effect, from 44 referendum questions put to the Australian people to change various parts of the Constitution, only eight have been approved (Singleton et al. 2003:52). There is a striking lack of knowledge amongst the Australian people regarding the nature and role of the Constitution in today's society (Stone 2000:194). This fact leads us to question the appropriat...

  • Word Count: 294
  • Approx Pages: 1
  • Grade Level: Undergraduate

5. Federation in Western Australia

In 1826 Western Australia was settled. ... This made everlasting changes in Australia and was a leading factor in Western Australia deciding to join in the federation of Australia in 1901. ... The t"othersiders started to support federation in the belief that it would giver them stronger representation, more rights and protect them against Western Australian politicians.( The Debate, 2001, www.liswa.wa.gov.au/federation/index.html) The premier continued to oppose a vote on federation and the legislative council refused to hold a vote on a constitutional bill. ... When their demands were met th...

  • Word Count: 1434
  • Approx Pages: 6
  • Grade Level: High School

6. Law in the context of terrorism.

If communities (in Australia) are to redraw the balance between individual rights and rights of the community some individuals will lose their liberty, liberty which is guaranteed by the Rule of Law, liberty which every individual has the right to. ... Trial without jury is in direct violation of s80 of the Australian Constitution. ... The proposed ASIO Bill for Australia would have seen the beginning of an authoritarian state where the government would not comply with the Rule of Law. The Bill would have allowed adults and even children -- as young as 14 -- who are not terrorist suspects, to ...

  • Word Count: 2239
  • Approx Pages: 9
  • Has Bibliography

7. Aboriginal Australia: 1900-1945

State laws were aimed at isolating Aborigines, with the basis of the various governments' protection policies being restriction of Aboriginal rights and the belief that Aborigines should follow the ways of white society. ... Federation and Aboriginal Voting Rights Federation, which is often seen as a milestone in the development of Australian democracy, represented a backward step for Aboriginal Australians. ... In 1902, the first Commonwealth Franchise Bill was introduced into the Parliament. ... Consequently, reserves were established on which Aborigines lived, with few opportuniti...

  • Word Count: 3196
  • Approx Pages: 13
  • Grade Level: Undergraduate

8. Capital punishment in australia

Capital punishment is viewed by many as the most fundamental human rights violation. ... Australia, along with many countries worldwide, abolished capital punishment by 1985. According to the Institute of Criminology, Queensland was the first state to abolish capital punishment in Australia, in 1922, followed by New South Wales in 1955, Tasmania in 1968, ACT in 1973, Northern Territory in 1973, Victoria in 1975, South Australia in 1976 and finally Western Australia in 1984. Now the worst punishment impoundable by Australian law is life imprisonment, with no parole. ... The execution of thes...

  • Word Count: 3217
  • Approx Pages: 13
  • Grade Level: Undergraduate

9. Australian Consitution

Within the Australian constitution, limited provision is made for the protection of human rights. Therefore, it is possible for rights to be abused and denied. Internationally, human rights have been included either within the countries constitution, as in the case of Switzerland, or within a subsidiary Bill of Rights, as in the United States of America. ... With the ever-increasing focus on Human rights around the world by the United Nations, it is important to highlight such rights in the constitution to not only protect the rights of Australian people, but to protect Australia itself from c...

  • Word Count: 1662
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

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