Explain Why Australia Does Not Have A Codified Bill Of Rights

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.

Ordinary legislation is also a way that rights are protected. Ordinary legislation protects Australian rights through the Acts of Parliament. The Commonwealth Racial Discrimination Act 1975 is an example of an Act that has been enforced by courts. The acts can either be passed by state or federal parliaments. International law is the final way human rights are protected. Due to Australia entering into many international agreements they must ensure that everyone’s rights are protected being Australian or non-Australian. The Racial Discrimination Act is a strong example of the Federal Parliament passing a law in support of a treaty that has been signed.

Social cohesion is a condition in which a vast majority of people in a society act lawfully and freely to do as they please and when disputes arise they are
resolved according to the law. In order to achieve social cohesion there are four elements that must be abided by. The first way is by Reinforcing Values and Rights. Due to Australia being so multicultural, there must be laws that recognize, enhance and protect values and rights. Parliaments need to ensure that they consider individual rights of citizens and the general community feeling and find a suitable compromise between the two. Creating Acceptable Standards of Conduct is the next step to achieving social cohesion.
Once the community has decided the values and rights it wants respected, elected representatives in parliaments must create laws to deter people from causing trouble. In order to resolve any disputes that may arise, the government must Establish Dispute Settling Institutions and Processes that employ principles and procedures respected by the community. Providing for Law Making and Law Reform is crucial as societies are constantly changing, therefore the law must have mechanisms that adapt to the changes in technology and other
circumstances.

Social progress is the peaceful, orderly and lawful progression of society from one generation to the next. This is how social cohesion can be attained in the future. To achieve social progress the Australian legal system must insure that it can adapt to accommodate for different needs as they change overtime. Laws in areas such as education, health, environment and youth are extremely important as it lays the foundation for the future so that social cohesion can be enjoyed by future generations. It is important that the law has mechanisms by which it can be changed. The Commonwealth Constitution is Australia’s highest law and is capable of amendment and change through a referendum procedure, which occurs after an absolute majority in both Houses of the Commonwealth Parliament have passed the alteration of the Constitution. Once passed it is then put to the public for the approval, which requires a majority of Australian electors.

The next method is Statutory Reform; this is the process of examining laws and implementing changes in the legal system. The people’s representatives in various parliaments have been tasked along with law commissions to help identify areas in need of potential change.

Case Law is also a way in which precedents can change. Superior courts are assigned to create new or change existing precedents when disputes are brought forth. Regulation Changes is the final way in which laws can be changed. This is when parliaments give delegated powers to the legislative arm in order to change laws to suit their societies. For example the legislative arm gives local councils the power to make regulations to meet the demands of their constituents and local areas.

Australian laws can only originate from two sources since the passing of the Australia Acts 1986. Australia’s sources of law originate from Australian Parliaments and Australian Courts. The basic difference between Australia’s sources of law lies in the way the two legal systems were created, the authority that set down the act and their relevance. Another difference between the sources of law is that Australian Courts are reactive which means they can only make laws based on the disputes brought before them. Whereas Australian parliaments are proactive in making laws and do not need disputes to arise in order to make them. The elected representatives of the people make Australian Parliament law democratically, therefore they are held accountable for laws made. Whereas for judges that make laws in Australian courts are not held accountable.

Public law relates to disputes between individuals and the state and deals with issues that affect the general public or state. Criminal law is the most common public law. Private law affects the rights and constraints of individuals, families etc. It exists in order to assist citizens in disputes regarding private matters.