Why Is Section 116 Important In Australia

This essay will argue, that since the “Jehovah’s Witnesses case” , the interests of the state and the liberty of the individual have remained generally unaffected even with new legislation that deals with present day matters. Prior to 1943, Australia had fronted many issues, but in recent times has also faced religious terrorism. Since the events of 911 , it has been difficult for The Commonwealth to draw a line between defending religious freedoms and defending national security. Section 116 of the Australian Constitution limits the ability of the Commonwealth to legislate in respect of religion. State governments are not required to abide by the laws of section 116 . Australian courts have considered section 116 in only a small
This means that our governments are not allowed to officially promote religious observance or affiliations . Despite this, religion continues to have a major influence on Australian people and culture . The status of human rights under Australian law reflects the nation's conservative approach to constitutional law reform. Human rights in Australia in recent times are hotly contested. In general, human rights protection in Australia stems, to various degrees, from three discrete sources of Australian law: the Constitution; federal, state and territory legislation; and the common law. Although anti terrorism legislation may interfere with freedom of religion and other human rights principles this paper supports the Government’s policy concerning terrorism. Section 116 provides four guarantees in relation to religion – three of which are influenced by the First Amendment of the United States’ Constitution. However, only two of the four guarantees have been subjected to interpretation by the High Court , they being: (a) The Commonwealth shall not make any law for establishing any religion; and (b) The Commonwealth shall not make any law for prohibiting the free exercise of any religion. KEY HCA CASES SINCE