Australia's Constitution To Establish A Fair And Just Society

There are many arguments for and against the bill of rights. Oppositions argues that Australia is already one of the freest countries in the world. We have ensured the rights of our citizen enough that we do not need to set out citizen’s rights to provide protection for them. The government have developed a system of protection of rights using both legislation and Common Law that cover many of the rights of the people. Australia have adopted and developed a system of government where the parliament is supreme. The parliament consists of elected representatives who represent all of the people and pass laws in line with the will of the people. The rights of the people should be

A Bill of Rights is a document containing a formal list of individual rights and freedoms in a society which the society deems to be fundamentally important to all citizens. The purpose of a Bill of Rights is to provide protection of the rights which have been set out. Unlike most democratic countries, Australia does not have a Bill of rights to assist in the protection of fundamental

In a perfect democracy every citizen has equal accessible amount of power and freedom. In Australia everyone Australian

First of all, there are some similarities between the Australian government and the American government. They both have a congress, although they call it parliament in the Australian government. Both have a federal government; this means that they have state and federal governments. They have senators that represents the states. They have a house that is elected by the people. In both countries, legislation has to be passed through both houses. They both have a court that interprets the constitution and handles final appeals (Supreme Court in U.S. and High Court in Australia). Also, they both have written constitutions that describes the powers of government. However, they both have differences.

I compared the U.S.A. constitution and the Australian constitution. Their differences are as abundant as their similarities. The Australian constitution is extremely long and drawn out, where as the United States constitution sticks right to the point. All in all, the two constitutions have the same goal in that they wish to bestow the same basic rights to each person.

Currently, human rights in Australia are protected in different ways. Unlike most other similar liberal democracies, Australia has no Bill of Rights to protect human rights in one single document. Instead, some rights can be found in the Constitution, our common law and legislation which includes acts passed by the Commonwealth Parliament or State or Territory Parliaments.

Now I shall talk about how the Australian Constitution. It’s common knowledge to know that a constitution is pretty much the law of the land and a foundation of the laws that rule there. Constitutions are very important for countries to have. Helen Irving explains in The Oxford Companion of Australian Politics that, “Its Preamble records the agreement of the six Australian colonies to federate in 1901 and to remain together as ‘one indissoluble federal Commonwealth’.” The Australian Constitution was written as a bill when the colonies met in 1890. The constitution has a full draft by the end of 1891 but colonial parliaments failed to pass it (Irving).

Through the progression of history the need for the principles articulated in Engineers’ Case was both necessary and appropriate. Callinan J in Workchoices’ Case made

Australia 's Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussing on the major reasons for those changes.

Human rights are the right that any individual is entitled under their government, and it can be provided in divergent forms. Thus in Australia, there are no set of ‘Bill of Rights’, comparable to many other western countries that share similar legal values and standards. The American ‘Bill of Rights’ states that the government ensures the freedom of speech and religion, protection from torture and punishment, and the fair procedures of law . There has always been a great debate on whether Australian government should acquire a constitutional Bill of Rights. I believe that it is not necessary to obtain a Bill of Rights as it is not necessary for Australian legal system, and further, it can bring confusion, greater debate and litigations. There are other forms of human rights law introduced into Australian legal system which sets boundaries for the government to respect individual rights. Consequently, it proves the unnecessity for a Bill of Rights in Australia.

Constitutional Recognition is about the Aboriginal and Torres Strait Islander people wanting to be recognised in the Australian Constitution. As the first people in our nation, they should be recognised and treated as equals. The Constitution is the founding legal document of our nation. It sets out the rules of Parliament and how lawmakers, government and courts operate. The Constitution was approved at Referendum by the people in the Australian Colonies between 1898 and 1900 and came into effect on the 1st of January 1901.

     Australia’s form of government has been described as a constitutional monarchy, in which the queen of England is the nominal head of state. In the federal government, power rests with the elected political party that holds the majority in the House of Representatives. The leader is the prime minister. The Senate consists of 76 members who are elected every six years. The House of Representatives has 147 members and they face elections every three years. Any laws that involve changes to the Constitution must be decided by a referendum in which the country’s citizens are called to vote on whether or not they want such changes to take place.

A fair and just is a society is free from favouritism and self-interest, it is where citizen’s voices will be heard and treated equally. A constitution are a set of rules that the government makes that every citizen must follow. Elections are important as well as they give the citizens a chance to vote in what they believe is right without being put into jail or be punished. There are also laws which make society fair and just made by the Parliament, it makes everyone feels like they are treated equally with the same respect as others and stops people from doing the wrong things.

The first argument that focuses on the idea of only having one system governing the Australia’s laws and systems. This however, cannot work if two types of systems are only focused on particular groups. This is not fair or equal system to be part of the Australia’s government system. The Australian Law Reform Commission (1986, p.72) summaries "there should be one law for all and that the goal should be social equality for Aborigines within the concept of racial unity and integration". This shows that dissimilar features of such two systems can not work hand in hand, however it could be possible to allow some parts of the aboriginal and Torres straight islanders laws be recognised under the Australian laws in some aspects. However, their ways

Australia’s government design was taken from the British Westminster system after those who originally colonized Australia. A functional, western style democracy, there are a number of minor political parties operating in Australia but the country’s federal politics is an essential 2-party system at present, much like the United States (Our Country, 2015).