Australia s Present Laws Regulating Human Rights

In Australia, present laws regulating human rights are protected in unlike most similar liberal democracies; Australia has no Bill of Rights to protect human rights in a single document. Rather rights may be found across the Constitution, common law and legislation – Acts passed by the Commonwealth Parliament or State or Territory Parliaments. This allows legislatures and judiciaries a complementary role in protecting rights. This is the most fluid and flexible system but the least secure in terms of protection as these laws are becoming increasingly inadequate with community values and expectations. This method places the legislature in the dominant position because its statutes can override common law. Therefore Australia needs a bill of†¦show more content†¦The writes are written explicitly in the Constitution however the Constitution doesn’t contain a Bill of Rights following the British example. The Constitution contains five express rights; the right to t rial by jury for Commonwealth indictable offences (s80) however not applicable to most offences which are the states responsibility; free exercise of religion (s1116); freedom of discrimination on the basis of residence (s117); freedom from interstate trade and commerce (s92); right to be compensated when the Commonwealth acquires your property (s51). The Australian Constitution is not a Bill of Rights as it doesn’t guarantee; equality of all people in Australia under the law, fundamental freedoms such as the freedom of movement, association, peaceful assembly, freedom of thought, belief and opinion, or arbitrary arrest or detention, or the right to a fair trial or due process for crimes under state laws. The Constitution is based upon the principle of representative democracy – implied freedom is therefore for political discussion which has full participation in government. The Foreign Fighters Bill 2014 is aimed at disrupting radicals and their