Dose Australia need to enact a Bill of Rights. We are the only western democracy without a legislated Bill of Rights.
The Argument will rage over the next 6 months.
On the Negative side are those that believe that we are well served by “Majority Rule” where the Government of the day makes the laws and if we the people don’t like them we vote someone in who will change them.
On The other side are those who support the implementation of a bill of rights which is in essence a fundamental swing in the balance of power from duly elected representatives to an unelected judiciary.
Geoffry Roberston QC (ABC Hypothetical) thinks we need a bill of rights:
he argues that Australia needs a bill of rights for two reasons:
first so that we can become an “advanced” democracy;
and secondly so that our High Court and other judges can make more of an international contribution than they do now.
But Australia has done incredibly well with our current system:
The truth is that Australia is one of the most advanced democracies there is. Our constitutional order came about, not through war or other violence, but as a result of various popular processes in Australia in the 1890s. Even those who did not have the vote back then were often involved informally.
Since federation, Australians have been at liberty to amend the constitution, and we have done so from time to time.
But that’s not to suggest that there are not plenty of problems with the current system. No enshrined right to freedom of speech and refugee detention being but a couple.
In her Human Rights Day oration, published in The Sydney Morning Herald yesterday, Catherine Branson, president of the Australian Human Rights Commission, complained that innocent people, including children, had been unjustly detained and that Australia had deported its citizens.
In its submission to the 2020 summit, the Human Rights and Equal Opportunity Commission claimed that current legal arrangements did not adequately protect citizens from human rights violations.
In support of its case, it cited Cornelia Rau, the Australian resident wrongfully detained by immigration authorities, and Vivian Alvarez, wrongfully deported to The Philippines.
The debate will rage over the next 6 months until the consultation report is delivered to the Rudd Government in July next year and everybody has an opinion.
Here’s What Cardinal George Pell thinks:
“The push for a charter of rights springs from a suspicion of majority rule, a preference for judicial decision-making on fundamental questions, the imperatives of the particular social and political agenda that a charter of rights serves, and the elitism of privileged reformers.
” Australia doesn’t need it or want it.
So what do you think. Do we need a Bill of Rights?