Australia Bill Of Rights Analysis

Since the development of the Australian Constitution, the question has been raised over the inclusion of a Bill of Rights within society. A Bill of Rights has never been a part of Australia although some say it would help to protect basic human rights from political interference and in some regard enhance the democratic nature of Australia. The bill has never been wanted or needed within Australia. It does not improve or guarantee anything but instead transfers power to unelected judges who already have a heavy influence within the legal system. A Bill of rights is difficult to achieve and expensive to implement, and as the essential rights are already provided there is need for one to be enacted within Australia.
A Bill of Rights is “A declaration
of individual rights and freedoms, usually issued by a national government” (legal dictionary, 2014). Australia is the only western democracy that doesn’t have a national Bill of Rights. However there are many rights that are implemented within the Australia Constitution already such as the right to acquisition or property to be on just terms (s51 xxxi), right to review of government actions (s75 v), trial by jury (s80), freedom of movement between Australian states (s92), freedom of religion (s116), and non-discrimination on the basis of state residence (s117) (Commonwealth of Australia 2014). These rights cover the basic rights needed within a democratic nation, all other essential rights are covered within statutory legislation such as Privacy Act 1988 and the Anti – Discrimination Act 1997 etc. Australia is also a signatory country to the Universal Declaration of Human Rights and other International human right treaties such as the International Covenant on Civil and Political Rights (ICCPR). If these rights are infringed upon, complaints called Communications can be made to the United Nations as well as the Human Rights Commission in Australia (State Library New South Wales, 2014). Through these three different process all essential rights are insure within Australia.
The Australia Constitution has remained without a Bill of Rights for over 113 years, however we are now the only western democratic nation without one. Our neighbouring country, New Zealand has implemented a Bill of Rights Act 1990 which protects the citizen’s civil and political rights (Eastman. K 2005). This bill of rights is in the form of an ordinary statute which can be overruled with a new change of government. So the question is raised, why doesn’t Australia have a national Bill of Right? The answer is simple, we don’t need one. Australian rights are protected and that is enough for most Australian citizens, other simply don’t care about the issue all together. This view is illustrated in the cartoon of First Dog on the Moon, 2008 which shows the lack of interest Australian’s have for a Bill of Rights. This means that if Australians are not interested in the issue, they won’t vote to change it. To enact a Bill of Rights is also a long and tedious process that will cost tax payers large sums of money to introduce. The cost along with the uselessness of a Bill of Rights within Australia, gives citizens enough reason to ignore or reject completely an Australian Bill of Rights in any referendum held.
If a Bill of Rights was established in the Australian legal system it would shift the power of important decision from elected politicians to unelected judges. Moving this power to unelected judges would disrupt the balance of power, essential in ensuring no overarching power has sole control of Australia. Although having the sole decisions of the Australia population placed in the hands of judges of the Supreme Court and the seven judges of the High Court, who may a have broad and in-depth knowledge of the law, the decisions are not supported by the vast majority of the populace. This could mean that current Australian laws could be over turned and amened because of three to four people of High Court judges disagree with said laws, this would make the public’s votes for parliament completely void of any meaning. The Australian (2014) illustrate the sheer importance of this ‘The Australian people will always want their elected representatives and not unelected judges to make decisions about border policy and migrant intake.’ This further emphasis the fact that a Bill of Rights would remove the purpose of democracy and allow the decision of the nation to be ruled by the opinions of judges (Kirby. Michael 1997).
By adopting a Bill of Rights we are restricting the rights within Australia and defining there purpose and use within society and the legal system.
This in itself is fine, however, a key part of human rights is the statement ‘all human rights have equal status, and cannot be positioned in a hierarchical order’ State Library New South Wales 2014, this means that all rights need to be valued, which can’t be achieved within a single document of rights. The rights that are implemented, due to having equal status can clash, resulting in more issues within legal system. Having a Bill of Rights enacted now would mean that rights that seem essential now, can become outdated and thus cause more problems in Australia’s future. A clear example of this is the 2nd Amendment in the United States Constitution. This right was once fundamentally important to protect themselves when the law couldn’t be trusted. However today, semi-automatic weapons and other dangerous guns are used in overpopulated urban cities producing one of the most dangerous environment with school shooting and other controversial issues being raised (Ron Dyer, Evatt Foundation,
2014).
Australian’s opinion towards a Bill of Rights hasn’t changed over the course of a century since the Constitution was first enacted. This shows that a Bill of Rights is neither wanted nor needed within our nation with our essential human rights already protected and insured within our legal system. Australia has prospered and evolved into a nation that protects the rights and freedoms of all citizens, without the useless enactment of a Bill of Rights and this will continue in the future.

Bibliography Commonwealth of Australia 2014, The Australian Constitution, viewed 8 August 2014, http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Eastman.
K 2005, Hot Topics 54 – Bill of Rights, viewed 8 August 2014, http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/bill_rights_54.pdf
First Dog On The Moon 2008, Why is Australia the only western country without a Bill of Rights?, viewed 8 August 2014, http://www.crikey.com.au/2008/12/11/first-dog-on-the-moon-262/?wpmp_switcher=mobile
State Library New South Wales 2014, Case studies - complaints about Australia, viewed 8 August 2014, http://www.legalanswers.sl.nsw.gov.au/guides/hot_topics/human_rights/enforcement/case_studies_complaints.html
State Library New South Wales 2014, Human Rights Principles, viewed 8 August 2014, http://www.legalanswers.sl.nsw.gov.au/guides/hot_topics/human_rights/standards.html
The Australian 2009, Bill of Rights is the wrong call, viewed 8 August 2014, http://www.theaustralian.com.au/news/features/bill-of-rights-is-the-wrong-call/story-e6frg6z6-1225710664130?nk=fea47a3988c48d7b6e8398d2dbf08f21
William, George 2000, Legislating for a Bill of Rights Now, viewed 15 August 2014,
http://www.aph.gov.au/About_Parliament/Senate/Research_and_Education/pops/pop36/williams
Galligan, Brian 1989, No Bill of Rights for Australia, viewed 13 August 2014, http://www.aph.gov.au/binaries/senate/pubs/pops/pop04/pop4.pdf
Dyer, Ron 2014, Should Australia have a Bill of Rights?, viewed 17 August 2014, http://evatt.org.au/papers/should-australia-have-bill-rights.html
Kirby. Michael 1997, A Bill of Rights for Australia - But do we need it?, viewed 15 August 2014, http://www.lawfoundation.net.au/ljf/app/&id=/A60DA51D4C6B0A51CA2571A7002069A0
French, Robert 2010, Protecting Human Rights Without a Bill of Rights, viewed 18 August 2014, http://www.hcourt.gov.au/assets/publications/speeches/current-justices/frenchcj/frenchcj26jan10.pdf