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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