The Article Rights Protection – Comparative Perspectives

1143 Words3 Pages
bulb-icon

Recommended: Merits And Demerits Of Liberal Democracy

The Article Rights Protection – Comparative Perspectives by Brian Galligan and Emma Larking explores the rights and protections that are sheltered by Australia’s various political institutions and whether the rights in Australia are adequate. It also explores the question on whether changes need to be made. Galligan and Larking discuss the UN’s charters as they relate back to Australia, going on to discuss the various Legislative and Judicial means of rights protection, as well as asking the question: Does Australia need a Bill of Rights? This Essay will explore these issues as well as linking it with Australia’s Liberal-Democracy, which is as Perkins (2010) states; “Liberal aspects counter-balancing democratic aspects” (cited in Irwin 2012, p.17). The Constitution which in this case is a set of rules that the state is governed by and describes the relationship between the citizens and the government (Miragliotta, Errington & Barry, 2010, p.26), and the Legislature, which serves as an aid in which the people can be represented in the most competent fashion possible (Miragliotta, Errington & Barry, 2010, p.72). This author tends to think that while Australia could benefit from a bill of rights it is not necessary to protect rights which are protected by other means.

“Australia is a party to all major human rights instruments and generally acts in compliance with them” (Saunders 2003, p. 213). Australia has signed and ratified the International Covenant on Economic Social and Cultural Rights (ICESCR) which was ratified in 1976 and the International Covenant on Civil and Political rights (ICCPR) which was ratified in 1980. Under ratified human rights conventions Australia must uphold the rights set forth within, to this end Aust...

... middle of paper ...

...e Australian people. Overall rights protection is a vitally important issue and one that Australia as a nation needs to continue working on, looking toward the future. There is always room for improvement, and Australia needs to continue working on these things as a nation.

Reference List

Galligan, B., Larking, E. 2009, Rights Protection – Comparative Perspectives, Australian Journal of Political Science, vol. 44, no. 1, pp. 1-11.

Irwin, R 2012, Study Guide: Introduction to Politics, Southern Cross University, Lismore, NSW.

Miragliotta, N., Errington, W. & Barry, N. 2010, The Australian Political System in action, Oxford University Press, Sydney, NSW.

Saunders, C 2003, ‘Future prospects for the Australian Constitution’, in R French, G Lindell & C Saunders (eds), Reflections on the Australian Constitution, The Federation Press, Sydney, pp. 213-219.

Show More
Related

  • Comparison of US Bill of Rights and The Canadian Charter of Rights

    1400 Words  | 3 Pages

    A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. Moreover, although no powers or rights have been explicitly ‘reserved’ to the people, supporters of the charter nevertheless appear to give Canadians hope that the possibility may exist.

    Read More

  • The Pros And Cons Of The Australian Constitution

    1026 Words  | 3 Pages

    For many years, the question of how adaptable and flexible the constitution is in Australia has been widely debated. As of now the atmosphere of verbal confrontation on protected change, has restored enthusiasm toward the issue in exploring whether the constitution is versatile and adaptable in meeting the needs of the nation following 100 years in being embraced.

    Read More

  • The Effectiveness of the Law in Achieving Justice for Indigenous People

    3098 Words  | 7 Pages

    Australians by not clarifying it’s stance on it’s international obligations to Indigenous Australians or reflecting it’s international rhetoric and signature on UN conventions by implementing some in domestic law. This inadequacy in the development of Indigenous Peoples Land Rights in Australia has been declared by the Working Group on Indigenous Populations in July 1997, and highlights the Australian government policy regarding Indigenous Peoples Land Rights and may be argued as a denial of justice for Indigenous People by the Australian legal system. Australia can be said to be ineffective in achieving justice for Indigenous People due to it’s failure to recognise Indigenous Australians rights to land domestically by failing the Human Rights standards contained in international initiatives to which it is a signatory.

    Read More

  • Constitutional Change In The Australian Constitution

    1733 Words  | 4 Pages

    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.

    Read More

  • Gallipoli: The defining moment in Australian National Identity

    907 Words  | 2 Pages

    MacDermott, D. (1993). As we see you. In D. Grant & G. Seal (Eds.), Australia in the world (pp. 86-91). Perth: Black Swan Press

    Read More

  • The Right to Freedom of Expression: R. v. Keegstra

    2813 Words  | 6 Pages

    Feinberg, J. “ The Nature and Value of Rights.” Journal of Value Inquiry 4(1970): 243

    Read More

  • Australian Veterans of the Vietnam War

    877 Words  | 2 Pages

    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

    Read More

  • Essay On Why Australia Should Have Bill Of Rights

    894 Words  | 2 Pages

    Ozdowski, Sev. 2007. Why We Need an Australian Bill of Rights Now. Pg. 22-25. Swinburne Online Library. Viewed 19th December 2016.

    Read More

  • Australia As A Global Citizen Essay

    779 Words  | 2 Pages

    One of Australia’s biggest moral wrongdoings that has been continued to be overlooked is the providing of safety for refugees. Under the article 14, in the Universal Declaration of Human Rights, it states that everyone has the right to seek and enjoy in other countries asylum from persecution. It is not in anyway, shape or form illegal to seek asylum from maltreatment. Australia is obliged under international law to: offer protection, give support, ensure that any individual is not sent back unwillingly to the country of their origin. A report made by

    Read More

  • Managing Workplace Relations

    2007 Words  | 5 Pages

    Rice, S (2011) ‘Reflections on reforming discrimination laws in Australia’, Human Rights law Centre, viewed 4 October 2011, .

    Read More

  • Aboriginal Rights And Freedoms

    1638 Words  | 4 Pages

    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

    Read More

  • The Canadian Charter of Rights and Freedoms

    1627 Words  | 4 Pages

    The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...

    Read More

  • UK's Constitution: The Rule of Law and Parliamentary Sovereignty

    1681 Words  | 4 Pages

    Larkin, ‘Debunking the idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709 2, p 61.

    Read More

  • Is Religious Fundamentalism Always Totalitarian and Prone to Violence?

    1863 Words  | 4 Pages

    7th edition. London: Pearson Longman, ed. Garner, R., Ferdinand, P. and Lawson, S. (2009) Introduction to Politics. 2nd edition. Oxford: Oxford University Press, 1998.

    Read More

  • The Universal Declaration of Human Rights

    1830 Words  | 4 Pages

    In her article ‘From Citizenship to Human Rights: The Stakes for Democracy’ Tambakaki notes that apart from playing a political role, human rights are in principal moral and legal rights. Like moral norms they refer to every creature that bears a human face while as legal norms they protect individual persons in a particular legal community (pp9).

    Read More

More about The Article Rights Protection – Comparative Perspectives

Open Document