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How does the Bill of Rights effect us today
The Australian constitution
The Australian constitution
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References: Behrendt, Larissa. 2000. RIGHTING AUSTRALIA. Arena Magazine, no. 45, pp. 24-26. Viewed 19th December 2016. Swinburne Online Library. McClelland, Robert 2002. Is the Time Right for a Bill of Rights? pp. 137-150. Viewed 19th December 2016. Swinburne Online Library. Ozdowski, Sev. 2007. Why We Need an Australian Bill of Rights Now. Just Policy. no. 43. pp. 22-25. Viewed 19th December 2016. Swinburne Online Library. Bill of rights institute. 2016. Bill of rights of the United States of America (1791). [Online]. [19th December 2016]. Available from: . Parliament of Australia. 1999. The Federal Parliament and the Protection of Human Rights. [Online]. [19th December 2016]. Available from: . Law Foundation, L.F. 1997. A Bill of Rights
The decision for Australia to adopt the Federal system was on the principle of which the State’s governments wanted to keep their power. For this reason there was the separation of powers between the newly formed Commonwealth government and the existing State governments. At a constitutional level, there are rulings in which the powers are separated, these rulings due to disputes have slightly changed since 1901. These changes all fell towards the one government, the Commonwealth (Federal) government. However this was not just a landslide event, the Constitution of Australia set up this imbalance of powers between the Commonwealth and State governments. We will explore this further in the points discussed later in this essay.
There was a short time where all was calm right after the civil war. king charles the second and his father were both dead so Charles brother took over. this is king James the secondf and he was a Catholic sao he appointed many high positions in the government. Most of his sibjects were protestant and did not like the idea of Catholicism being the religion theyd have to abide by. like his father and brother king james the second ignored the peoples wishes and ruled without Parliament and relied on royal power. an English Protestant leader wanted to take the power away from james and give it to his daughter Mary and Her husband William from the Netherlands. William saled out to the south of england with his troops but sent them away soon after they landed
"Bill of Rights (Canada), August 4, 1960." DISCovering World History. Detroit: Gale, 2003. Canada in Context. Web. 4 Dec. 2013.
A Constitution is a set of rules put in place to govern a country, by which the parliament, executive and judiciary must abide by in law making and administering justice. In many countries, these laws are easily changed, while in Australia, a referendum process must take place to alter the wording of the Constitution (Commonwealth of Australia, date unknown, South Australian Schools Constitutional Convention Committee 2001). Since the introduction of the Australian Constitution in January 1901, there have been sufficient proposals to alter and insert sections within the body to reflect the societal values of the day, ensuring the Constitution remains relevant to the Australian people. Although Constitutional reform can be made on a arrangement of matters, the latest protests on Indigenous recognition and racial references within the body of the Constitution has called into question the validity of racial inclusion, and whether amendments should be made to allow for recognition. This essay will focus on the necessity of these amendments and evaluate the likelihood of change through the process of referenda.
no author. (2011). New Australian of the Year Wants to Debate an Australian Republic. Available: http://www.republic.org.au/story/new-australian-year-wants-australians-debate-australian-republic-courier-mail-26111. Last accessed 20th June 2011.
5. Murphy, G. (1996, October 16). Historical Documents: The Bill of Rights. Cleveland Free-Net. Retrieved April 23, 2004 from the World Wide Web: http://www.lcweb2.loc.gov/const/bor.html
ANTAR. (2014). Justice, Rights and Respect for Australia's First Peoples. Retrieved 05/12, 2014, Retrieved from http://antar.org.au/resources/cr-campaigner-kit?sid=3726
...MP and the Constitution." New Zealand Journal of Political and International Law 7.1 (2009): 111-134. Hein Online. Web. 16 Mar. 2012.
Commission on the Bicentennial of the United States Constitution. 1791 - 1991 The Bill Of Rights and Beyond. Commission on the Bicentennial of the Unites States Constitution, 1990.
"Declaration of the Rights of Man - 1789." The Avalon Project. Yale Law School, n.d. Web. 11 Nov. 2014.
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991
In the summer of 1787, delegates from the 13 states convened in Philadelphia and drafted a remarkable blueprint for self-government, the Constitution of the United States. The first draft set up a system of checks and balances that included a strong executive branch, a representative legislature and a federal judiciary. The Constitution was remarkable, but deeply flawed. For one thing, it did not include a specific declaration, or bill, of individual rights. It specified what the government could do but did not say what it could not do. For another, it did not apply to everyone. The "consent of the governed" meant propertied white men only. The Bill of Rights did not come from a desire to protect the liberties won in the American Revolution, but rather from a fear of the powers of the new federal government.
In this essay, the focus is driven towards the themes of ‘modernity’ and ‘tradition’ and how they are inextricably linked in the development of human rights, shaping the way Australia has transformed and evolved into a modern nation. Undoubtedly, the idea of modernity is attributed to the notions of ‘tradition’. By breaking down these notions through concepts of progress, we are able to link ‘traditions’ and ‘modernity’, showing how advancements in ‘modernity’ were met with conflicts in ‘traditions’.
The Australian constitution is a national legal document, enacted by the British government on the 1st of January 1901 as a part of Australia’s federation, it can be very difficult to change yet it requires constant renewal to keep up to date with today's society. As the Australian states and territories have the ability to create their own laws, the Constitution is employed to regulate them. Any state or territory law that is viewed to be in direct defiance of the constitution can be repealed and then is reviewed and examined via the High Court of Australia. If the High Court rules that the state's law is unconstitutional it will then be voided. Due to the fact, the constitution overlooks all the laws carried out by the Australian states and
Roach, Kent W. "Section 7 of the Charter and national security: rights protection and proportionality versus deference and status." Ottawa Law Review Winter 2011: 337+. General OneFile. Web. 28 Dec. 2013.