The Human Rights Act And The Dialogue Model Essay examples

The Human Rights Act And The Dialogue Model Essay examples

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Since the Labour government’s introduction of the Human Rights Act in 2010, critics and proponents of the Dialogue model suggests that the deprivation of a national bill of rights impedes the Act’s effectiveness. The Dialogue model’s method incorporates rights based intergovernmental discussions, political reviews and judicial reviews guided by a national bill of rights leaving parliament to return a final verdict (Miragliotta, Errington & Nicholas 2013). Whilst the Dialogue’s model is similar to the Human Rights Act, due to principles such as, political review mechanisms. The protection and promotion of human rights in Australia is allegedly hindered by the exclusion of a national bill of rights. This paper presents an examination of the article entitled “Towards a Democratic Bill of Rights” (Barry & Campbell 2011). From this examination it will be argued that first, the Human Rights Act and the Dialogue model’s validity regarding democracy is in question; thus proposing a ‘democratic bill of rights’ (Barry & Campbell, 2011). Second, a ‘democratic bill of rights’ without prohibitions, leaves it open to legal interpretation, and weakened constitutionally if prohibitions are withheld (Stone, 2009).

The authors explain that a constitutional bill of rights and statutory bill of rights in Australia are ineffective because of undemocratic judicial reviews. For example, Barry and Campbell’s (2011) article explains that judicial review based on rights as an undemocratic way of enforcing human rights due to the Australian courts ambiguous interpretations, political influences and; majority, public or political pressure. The authors delineate a non-justiciable bill of rights termed as a democratic, incorporates empowering social institut...


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...ply in full to protect the bill (Stone 2009).

The two main problems of a bill of rights impact on the Australian constitution are legitimacy and effectiveness. Yet despite the arguments and many opinions regarding a human rights bill such as, the constitutional and democratic discrepancies; the Dialogues models validity with regards to judiciary review and the hybrid models (Human rights Act) preclusion of a national bill. The Labour Governments Human rights Act was passed in 2011, and in 2012, The Human Rights Committees first report was tabled in the senate (Miragliotta, Errington & Nicholas 2013). Australia remains a country without a Constitutional bill of rights. The impact of this preclusion in relation to the Australian Constitution and Australian human rights is scrutinized by the parliament and human rights continue to be subject to legislative mechanisms.

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