There is an ever increasing overreach for enactment of a tool of rights in Australia. The recent judicial activism by the zippy solicit in favourably applying international human rights treaties against both public and statute law, to the anger of the cth government demonstrates a need to expressly state what rights the law is willing to bestow upon Australians. Kirby argues that the Dietrich v R, Mabo (No 2) and routine v Cth all show an intention of the full(prenominal) coquet to create a judicial bill of rights (p324, r8.2). each decision on a BOR should be made by assessing the history and sufficiency of cling toions afforded by the organic law (p327, r8.2) Arguments for a Bill of Rights 1) Â Â Â Â Â Â Â Â society has changed since the entry of our constitution. The existence of a multicultural society mandates the need to protect the minorities within our community (p316, r8.1) 2) Â Â Â Â Â Â Â Â Kirby J believes the handing down (in the 90s) of decis ions by the high court which determine fundamental human rights, should non be determined by judge but by a bill of rights enshrined in the constitution (p316). 3) Â Â Â Â Â Â Â Â A bill of rights would place the powerless and disadvantaged to adduce their rights and seek redress of whatever breach of those rights (p327, r8.2).
4) Â Â Â Â Â Â Â Â The original rejection of the inclusion body of a bill of rights in the constitution by its framers, was payable to a supreme credence in parliamentary country and a fear that a bill of rights which provides for due abut would undermine discriminatory laws of the measure which d isadvantaged ATSIs and chinese migrants (p 3! 21). 5) Â Â Â Â Â Â Â Â A constitutional bill of rights is postulate where the states have not enacted their laws in compliance with international HR standards (p322). 6) Â Â Â Â Â Â Â Â Democracy/legislation is not perfect, and as such keep overlook the rights... If you want to get a full essay, assign it on our website:
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