Topic > The Australian Constitution - 1390

The Australian Constitution Australia's founding fathers could never have foreseen the society that was to come. However, the constitution, the country's most important document, is valid today with only 8 word changes after over 100 years of use. The constitution is not without flaws; the rights outlined in the document are far from clear, which hinders the public's knowledge of their rights. However, this does not mean that rights are not respected in Australia. Sir Robert Menzies suggests: "The rights of individuals [in Australia] are as adequately protected as in any other country in the world" (1967). A bill of rights in Australia would provide a stable set of guidelines that both the courts and parliament could work towards, but at the expense of many other aspects of our current political system. This is a case where the negatives outweigh the positives, as both sides of the issue have merit. The current constitution, in partnership with the executive, parliament and the courts, provides Australia with a stable, functioning system that could 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, parliament and executive. This separation of powers is adequately outlined in the Australian Constitution and limits the absolute power of any body. If a bill of rights were to be implemented, there would be a considerable shift towards the judicial branch as they would be able to interpret the bill of rights. As always, courts should work on a case-by-case basis and arrive at a middle-of-paper decision extremely effectively. Adding a bill of rights would create unnecessary confusion and challenge the foundations on which Australia was built. The constitution is adequate, with the help 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, 2002Political Action , Freedon and Justice in Australia, Study Guide, Deakin University, Geelong, 2003.Jaensch, D., The policy of Australia, Macmillan Education Australia, Melbourne, 1997.Williams, G., A Bill of Rights for Australia, UNSW Press, Sydney,2000.