In one of the chapter by the author ‘Ozdowski’, he describes that, Australia has no Bill of Rights to protect human rights. Rather than rights to be found in the Constitution, common, legislation and law, these acts are passed by the Territory Parliaments or Commonwealth Parliament. The author uses a wide range research to support his claims. He goes to explain how, Australia is one of the oldest democracies in the world and its citizens exercise their political rights through their elected representatives, acting within a constitutional framework and the rule of law.…
Australia became an independent nation on 1st of January 1901 when the British parliament passed legislation allowing the six Australian colonies to govern their own rights as part of the commonwealth. The commonwealth was established as a Constitutional Monarchy, constitutional in that it was established with a written constitution and monarchy because the head of state is the Queen. Australia’s constitution was approved on the 9th of July 1900 and was in effect on the 1st of January 1901. Some aspects of the constitution are model on the U.S. constitution but it doesn’t include a bill of rights like…
The first eight amendments in the Bill of Rights were intended to protect Americans ' specific personal rights. The Founding Fathers recognized the importance of these rights and fought so that the people in the United States would have the independence that no other nation had known. These same men were well aware of the unavoidable sacrifices they were going to have to make. Listing every right that a person should possess was impossible to fit into ten amendments. Therefore, congress made the final two amendments in the Bill of Rights to be an all inclusive statute in an effort to prevent the United States government from discovering a loophole and gaining too much power. The Ninth and Tenth Amendments are the final two statutes in the Bill of Rights which outlines the limited control of the government and even more importantly the power of the people.…
Australia does not have a codified Bill of Rights that protects the rights of Australians. Therefore the Australian legal system uses alternative methods like common law, which involves the judge making a decision in a case regarding human rights. The decision made will then become a precedent depending on the level of the court. The Australian Constitution is the other method in which Australia uses to protect the rights of people. The Constitution specifically protects rights like the right to trial by jury and many others.…
Before Australia became a constitutional monarch, Australia had six separate six colonies after Europeans settled. Each colony had there own independent laws and just enforced customs at each border. In the 1800s they suggested that all seven states/territories (including New Zealand) would come together and become one federation. A constitutional conference was held and they made a constitutional based on a mixture of the British monarchy, the American federalism and other types. The newly made constitution was accepted by the voters from all states, it was passed as an act of the British Parliament, the Commonwealth of Australia Constitution Act 1900.…
- Like the U.S. the Australian Constitution is written down and is entrenched and very hard to change. Their constitution does most everything the American one does including separation of powers, division and powers of the different branches of government, has a form of supremacy clause which says commonwealth law is supreme over state law, and the last chapter deals with amending or changing the constitution.…
Other bills of rights do not empower the courts to overrule the parliament’s laws. These bills of rights enable alleged contraventions of rights to be investigated and resolved. They may provide for remedies such as changing…
The rule of law entrenches the basis of the Australian Constitution. Clause 5 of the Australian Constitution states that all laws made by Parliament are binding on the courts, judges and people . It means that every person regardless of their identity is bound to the same law and same legal processes . The rule of law protects the citizens by securing limited powers of the government.…
The preamble states that the purpose of the Constitution is to create "a more perfect union" and help make the United Sates of America a place of freedom. The Bill of Rights presents the fundamental freedoms of human rights. It lays out what people are entitled to and what the government cannot take away. Both of these documents provide evidence that the United States' government should be fair and reasonable, and lays out what is needed for the country to be successful.…
The original U.S. Constitution did not contain a Bill of Rights. This was added at a later date at which time Amendments were also added. Since the creation of this original document there have been several alterations and additions to the Constitution. How these amendments are included and why they were, is vital to understanding the document as a whole. However, the problems of the original document prompted the inclusion of a Bill of Rights. The Bill of Rights has also affected the Constitution in multiple ways. The original document presented problems with changing society that led to later amendments of which the Thirteenth through Fifteenth Amendments are an example and the effects of these Amendments are evidence of justification.…
Today marks the 300th anniversary of the ratification Constitution and the bill of rights. To celebrate this day we are going to look through the years on how these documents helped create the identity of America. National governments and the state of the specific duties and powers as well as sharing the same laws, not laws adopted in accordance with the Constitution, the supreme law of the country. Creating three distinct branches; the legislative, executive and judicial. Each branch has specific powers to check at the same time capable of the powers of the other two branches. The government has to meet the legal, tax and laws. It judicial system has been constructed in which the Supreme Court of the United States has the last word on the laws .System of checks and balances between the three branches of power are combined in accordance with the Constitution and the legislature has been truly representative body of the people. An important feature of the Constitution is that it is constantly adapting to the times and has the ability to be amended so it would never be stuck in the past.…
In the Bill of Rights and the Declaration of Independence, the authors describe the people who are allowed to rule. The Bill of Rights is the first ten amendments to the Constitution, which is the law of the land in the United States. The Declaration of Independence is the document that the U.S. sent to Great Britain to declare their independence from them. The problem with these two documents is that they were written by and for the rich people of the time and hasn’t really evolved with time to accommodate the growing population of lower class citizens. Why would the writers make these documents that are supposed to be for all of the citizens of the U.S. make it almost just for the one percent of the U.S.? Are rich people the only people who…
Ratified December 15, 1791, the bill of rights was added to the U.S. Constitution as a way to ensure the protection of every individual’s rights. The bill itself is a list of rights which limits the power of the federal government and gives power back to the people in the form of rights and liberties. Some, but not all, of this rights include freedom of speech, religion and press, but perhaps the one right that still to this day…
By week number 3 of History 301, it has been established that the United States Constitution is th supreme law of the land and that it essentially instruct how the U.S. government should operate. Specifically, Article V of the U.S. Constitution details the amendment process and how an amendment may become part of the constitution (Patteson) Furthermore, the first ten amendments are collectively known as the Bill of Rights and they were drafted in order to guarantee certain freedoms and safeguards in order to protect the American people from an intrusive government (). The first amendment reads as follows: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (). In other words, 3 provisions of the first amendment include the right to freedom of religion, freedom of speech, and freedom to peaceably protest. According to Patterson (2009), the first Amendment if the most fundamental of all amendments and it paves the way for other constitutional rights. This makes sense because one must have the freedom to believe and express themselves as they wish in order for other amendments to be possible.…
Compare and evaluate the approach adopted for the constitutional protection of rights in Australia with the United States of America.…