The Legal Constitution Of Australia Essay - 1318 Words

INTRODUCTION The legal constitution of Australia was developed by the multiple principles of the British and the United States of America1. However, a major factor that was eliminated from these principles was the notion of the Bill of Rights. The Bill of Rights main purpose is to affirm, protect, promote human rights and fundamental freedoms1. Australia does not have a Bill of Rights, since it has been ascertained that the citizens of Australia are protected by common law and legislation2. It is highly asserted that parliamentary representatives protect the rifhts of the citizens of Australia and a Bill of Rights would ultimately â€Å"distort our system of government by giving unelected judges too much influence over how our democracy develops†2. However, not adopting a Bill Of Rights in this day and age could be quite detrimental to Australia’s society, with the ever increasing acts of terrorism and national security. In this essay, two main points will be discussed for the adoption of the Bill of Rights. Firstly, Australia is a democracy, however it cannot be overlooked that that democracy is not perfect3. Democracy in Australia may overlook the rights of minorities. Secondly, Australia is a multicultural country. The community of Australia is ever changing4. A bill of rights can help create a celebration of differences and protect the rights of all citizens. Australia is a democratic country5. Democracy itself is defined to be a system of government by the whole populationShow MoreRelatedAustralia Based On The Doctrine Of Terra Nullius1416 Words   |  6 PagesIntroduction The Europeans settled in Australia based on the doctrine of terra nullius. This meant that they did not formally recognize the existing Indigenous Australians and their ancestral land. Subsequently, the Aboriginals and Torres Strait Islanders were excluded from matters concerning their ancestral land during the drafting of the Australian constitution. Thus, resulting in an Australian constitution that discriminated against its first peoples, their connection to the land, culture andRead MoreThe Main Features Of English Legal System1403 Words   |  6 Pagesthey also created a fundamental legislative mechanism. The British legal system has been built up very gradually and spread to other countries over the centuries. Inevitably the influence of their legal systems was bound to have some effect on their colonies. This essay will first describe the features of English legal system which is mainly derived from the concept of common law and secondly will consider whether the British leg al system has influence on its Commonwealth countries particularly byRead MoreThe Proposed Law For Strip Terrorists Of Australian Citizenship Will Have Implications For The Rule Of Law1628 Words   |  7 PagesESSAY 1 – 150 words The proposed law to strip terrorists of Australian citizenship will have implications for the rule of law in Australia. To support my argument, I will define what the rule of law is in Australia, the impacts it has on Australian legislation and two factors that are tied in with the rule of law: retrospective laws and the separation of powers. 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Although the concepts and institutions of the Western legal tradition continue to influenceRead MoreComparing the Australian Legal System with the Legal System of Your Country of Origin.1096 Words   |  5 PagesIntroduction: The task here is to compare the Australian Legal System with the legal system of the country of origin therefore the comparison is with the Pakistani Legal System. The structure of the Common Wealth Government, Australia briefed in the constitution is divided into three branches, the legislature (Senate â€Å"upper house† and House of Representatives â€Å"lower house†), executive (the administrative arm of Government) and judiciary (the legal arm of the Government). While in Pakistan the ParliamentRead MoreThe Australian Constitution Essay1027 Words   |  5 PagesThe Australian Constitution Will Australia become a republic in the next twenty years? This is a difficult question to speculate on. The main area of law governing this issue is section 128 of the Commonwealth of Australia Constitution Act 1900 (U.K). Other issues in this debate are regarding appointment, termination and the powers to be awarded to the proposed Head of State, and the impact the change will have on the States. Examining the history of Australian Legislative powers, and reasonsRead MoreThe Australia Legal System1406 Words   |  6 PagesThe Australian Legal System Introduction All countries are a reflection of their histories and this is very much the case with governmental structures and the associated legal system. The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. 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