Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
What is the importance of the Bill of Rights
The Australian constitution
The Australian constitution
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: What is the importance of the Bill of Rights
Essay Plan
Does Australia need a bill of rights?
By Aleksandar Najdovski
The Bill of Rights was first originated from England, where it asserts for constitutional protection for individuals, and lists different types of prohibitions on government power (Bill of rights institute, 2016). The action of how Australia became a Federation, it involved complicated constitutional conventions, and how the constitutional founders addressed the complications of enacting a Bill of Rights, they decided not to enact it. McClelland (2002, pg. 138) describes how there were proposals that were rejected to incorporate fundamental rights in Australia’s constitution. Australians basic right were protected by common law, however instead, it was a mixture of
…show more content…
The issue for all Australians is that if there is a Bill of Rights, it will take some time getting use to new constitutional arrangements. However, by enacting a Bill of Rights, it will be a starting point of something great; providing basic constitutional principles, independence of judiciary, fundamental protection of human rights and the independence of judiciary.
References:
Ozdowski, Sev. 2007. Why We Need an Australian Bill of Rights Now. Pg. 22-25. Swinburne Online Library. Viewed 19th December 2016.
Bill of rights institute. 2016. Bill of rights of the United States of America (1791). [Online]. [19th December 2016]. Available from: .
Behrendt, Larissa. 2000. Righting Australia. Pg. 24-26. Swinburne Online Library. Viewed 19th December 2016.
Parliament of Australia. 1999. The Federal Parliament and the Protection of Human Rights. [Online]. [19th December 2016]. Available from: .
McClelland, Robert. 2002. Is the Time Right for a Bill of Rights? Pg. 137-150. Swinburne Online Library. Viewed 19th December 2016.
Law Foundation, L.F. 1997. A Bill of Rights for Australia - But do we need it? [Online]. [20th December 2016]. Available from:
The validity of British’s occupation of Australia has been fundamentally shaken. The decision protected Aboriginal people’s cultures and lifestyles to a certain degree. Moreover, it guaranteed that some of the lands they live will not be developed. There were five key issues of importance to legal precedent in the Mabo decision for the recognition of Indigenous peoples’ rights in Australia (Australian Institute of Aboriginal and Torres Strait Islander Studies, 2017). For example, it helps to promote the idea of non-discrimination. From then on, a series of laws had been introduced to help safeguard their standard legal rights and
McKercher, William R., ed. The U.S. Bill of Rights and the Canadian Charter of Rights
"Bill of Rights (Canada), August 4, 1960." DISCovering World History. Detroit: Gale, 2003. Canada in Context. Web. 4 Dec. 2013.
The English Bill of Rights is an Act of the Parliament of England that deals with constitutional matters and sets out certain basic civil rights. This constitution was passed on December 16, 1689.The Bill was passed to declare laws and liberties of the people. Also the people wanted separation of powers and limits the of power to the king and queen. It guarantees the rights of enhancing the democratic election and to get more freedom of speech. No armies should be raised in peacetime, no taxes can be levied, without the authority of parliament. Laws should not be dispensed with, or suspended, without the consent of parliament and no excessive fines should imposed, nor cruel and unusual punishments inflicted. King James the 2nd, had abused his
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.
Throughout the world, in history and in present day, injustice has affected all of us. Whether it is racial, sexist, discriminatory, being left disadvantaged or worse, injustice surrounds us. Australia is a country that has been plagued by injustice since the day our British ancestors first set foot on Australian soil and claimed the land as theirs. We’ve killed off many of the Indigenous Aboriginal people, and also took Aboriginal children away from their families; this is known as the stolen generation. On the day Australia became a federation in 1901, the first Prime Minister of Australia, Edmund Barton, created the White Australia Policy. This only let people of white skin colour migrate to the country. Even though Australia was the first country to let women vote, women didn’t stand in Parliament until 1943 as many of us didn’t support female candidates, this was 40 years after they passed the law in Australian Parliament for women to stand in elections. After the events of World War Two, we have made an effort to make a stop to these issues here in Australia.
House of Representatives. (1965, April 29). Retrieved March 16, 2014, from Commonwealth Parliamentary Debates: http://www.dva.gov.au/commems_oawg/commemorations/education/Documents/avw_topic1.pdf
The Bill of Rights and Declaration of the Rights of Man and Citizen are based on the same principles of natural rights; therefore each document is similar in protecting the people's natural rights. However, despite their similarities, their differences are apparent due to the social situations in which they were adopted. The Bill of Rights stood to protect the freedoms of each individual by establishing a democratic government. The French Revolution eliminated the hierarchy of class and established equality among men with the Declaration of Rights of Man and Citizen. Several influences from past philosophers and documents assisted the frame work of the Bill of Rights and Declaration of Rights and Citizen.
Rice, S (2011) ‘Reflections on reforming discrimination laws in Australia’, Human Rights law Centre, viewed 4 October 2011, .
"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
The rights and freedoms achieved in Australia in the 20th and 21st century can be described as discriminating, dehumanising and unfair against the Indigenous Australians. Indigenous Australians have achieved rights and freedoms in their country since the invasion of the English Monarch in 1788 through the exploration and development of laws, referendums and processes. Firstly, this essay will discuss the effects of the Universal Declaration of Human Rights on the Indigenous Australians through dehumanising and discriminating against them. Secondly, this essay will discuss how Indigenous Australians gained citizenship and voting
Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.
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’.
Newman, Roger K., ed. The Constitution and Its Amendments. Vol. 3. New York: Macmillan Reference, 1999. Print.