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The Implication of Rights in the Australian Constitution
This essay is about the implication of rights in the Australian constitution. The Australian Constitution is often seen as a combination of the American presidential system and the English Westminster tradition. However, unlike other Anglophone countries, Australia is the only country that does not have a Bill of Rights in place. However, it is evident that whereas the drawing of implications from the Constitution is a very useful way of ensuring that rights are protected in Australia, it is still an incomplete way of achieving this end. It only provides a constrained form of protection due to its inherent uncertainties and ambiguities
|language || ||english
|wordcount || ||4943 (cca 14 pages)
|contextual quality || ||N/A
|language level || ||N/A
|price || ||free
|sources || ||15
Table of contents
1. INTRODUCTION 1
2. RIGHTS IN THE CONSTITUTIONS 2
A). Express Rights: 2
B). Implied Rights: 5
WHY AUSTRALIAN CONSTITUTION IS NOT THE EFFECTIVE WAY TO PROTECT INDIVIDUAL RIGHTS 8
A). Limitation on Constitutional Implication 8
B). Uncertainties in Applying Various Approaches 8
4. BILL OF RIGHTS 11
6. CONCLUSION 16
Preview of the essay: The Implication of Rights in the Australian Constitution
The creation of the Australian Constitution began in a series of meetings held during the 1890’s and was approved in referendums held by the people of the Australian colonies between 1898 – 1900. The draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 and Queen Victoria signed the Commission of Assent on 9 July 1900. Thereafter, the draft became law and was in full force on 1 January 1901. Aside from this Constitution, the Australia Act 1986 and the Statute of Westminster are also pieces of legislation that have constitutional significance in Australia.
The Australian Constitution is often seen as a combination of the American presidential system and the English Westminster tradition. However, unlike other Anglophone countries, Australia is the only country ...
... way be seen as being a replacement of an express Bill of Rights that comprehensively covers all areas that pertain to rights and their protection. Moreover, a referendum enacting a Bill of Rights that is endorsed by the Australian people would finally gives the law legitimacy; something that is currently lacking. Enacting a Bill of Rights will provide a firm foundation upon which the protection of rights will be explicit and secure, leaving no room for blatant human rights abuses. This will ensure that Australia will assume her rightful place in the international arena amongst nations that fully uphold human rights and will guarantee that Australians are assured of legal protection of their rights; both now and for future generations.
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