The Australian Constitution

The Australian Constitution

The founding fathers of Australia could never have predicted the

society that was to come. However, the constitution- the most

important document of the land- stands today with only 8 changes to

the words after over 100 years of use. The constitution is not without

flaws; the rights outlined in the document are far from clear, which

hampers the knowledge of the public about their rights. However, this

does not mean that the rights are not upheld in Australia. Sir Robert

Menzies suggests, "The rights of individuals [in Australia] are as

adequately protected as they are in any other country in the world"

(1967). A bill of rights in Australia would provide a stable set of

guidelines for both the courts and parliament to work around, but at

the cost of many other aspects of our current political system. This

is a case of the negatives outweighing the positives, as both sides of

the argument have merit. The current constitution working with the

executive, parliament and the courts provides Australia with a stable

and working system that would only be endangered by further changes,

such as the implementation of a bill of rights.

Currently in Australia there is a balance of power between the

judiciary, the parliament and the executive. This separation of powers

is outlined adequately within the Australian constitution and

restricts any body of having absolute power. If a bill of rights were

to be implemented there would be a considerable swing toward the

judiciary branch as they would be able to interpret the bill of

rights. As always, courts would have to work on a case-by-case basis

and must come to a dec...

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...nctions in a highly effective manner. To add a bill of rights would

be creating unnecessary confusion and would question the foundations

that Australia was built on. The constitution is adequate, with the

aid of the courts and parliament and the principles of parliamentary

sovereignty and responsible government.

Bibliography

Beazer, M., Justice and Outcomes: legal studies for units 3 & 4,

Beazer Publishing Company, Paynesville, 2002.

Charlesworth, H., Writing in Rights: Australia and the Protection of

Human Rights, UNSW Press, Sydney, 2002

Political Action, Freedon and Justice in Australia, Study Guide,

Deakin University, Geelong, 2003.

Jaensch, D., The politics of Australia, Macmillan Education Australia,

Melbourne, 1997.

Williams, G., A Bill Of Rights For Australia, UNSW Press, Sydney,

2000.