The Freedom Of Association And Its Social, Logical, Political And Cultural Contexts

These include freedom of opinion, thought, association and freedom from arbitrary detention and are all about treating others fairly and being fairly treated yourself, and making genuine choices in daily life. Wilson says ‘Respect for human rights underpins the democratic processes of our society and is the cornerstone of a society that respects individuals and voluntary community collaboration’ (Tim Wilson, 2014). Despite this, the control the Australian Government exercised over its people in WWII encroached on all of these universally recognized human rights, and it was in 1948 after the atrocity of WWII that the Universal Declaration of Human Rights was internationalised.

After looking at other example of Bills of Rights around the world, with America having theirs for 224 years, Canada having implemented theirs for 30 years and the UK for 17 years, Australia needs to consider each nation’s Bill of Rights’ respective strengths and weaknesses when considering our own Bill of Rights in order for it to best suit the current and future society. Canada adopts something of the middle ground between the strongly entrenched rights in the United State’s constitution and the United Kingdom where the British parliament remains supreme with a weak level of right entrenchment, making it perfect for the situation in Australia.

In this essay I will examine the development of Australian society and subsequent rights given to Australian citizens, thus addressing the guiding question as quoted at the top of the paper.

Upholding human rights is essential for ensuring a fair and equitable society. In 1966, Australia and a majority of the world’s nations signed on to the International Covenant on Civil and Political Rights (ICCPR). After the atrocities committed in World War II this seemed like a positive step for ensuring acknowledgement and respect for the rights and freedoms of all people. However, the means of enforcing human rights is not a straightforward process. In response to ratifying the ICCPR, Australia set up the Australian Human Rights Commission. However, after a number of failed attempts, it has not followed through with implementing a

Vickie Lee Roach was a prisoner whose ability to vote had been taken away by Commonwealth legislation. She argued that the legislation breached her constitutional rights and argued her case in the High Court. Roach’s disqualification from voting violated both the Australian Constitution’s requirement that parliament be “directly chosen by the people” (s7 and s24) and the Constitution’s implied freedom of political communication. The constitutional phrase ‘the people’ was intended to be as broad

The following paper is to discuss the statement by Brien (1999, p9)” the Rule of Law is one of the necessary elements of any decent, society civilized society. More specifically, it is an ideal and aiming to practice it is a necessary element in any liberal, democratic community”. The ethical policies and practices of the New South Wales Police Force (N.S.W.P.F), including the Oath of Office, Missions and functions, Statement of values and Code of Conduct and Ethics will be discussed in relation to the “Rule of Law”. Two real examples will also be discussed to demonstrate the ethical dilemmas that exist in the N.S.W.P.F.

The Australian Constitution is a rich amalgam of various classical political principles. The concepts of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu’s Spirit of the Laws are both salient examples of political theses that are central to Australian Constitutional Law. The structure of the Constitution itself and decisions of the High Court of Australia unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth Constitution . In particular, the High Court has applied this with relative rigour with respect to the separation of judicial power. The separation of the judicial power is fundamentally critical to upholding the rule of law. The High Court in Wilson v Minister for Aboriginal Affairs noted that “the separation of the judicial function…advances two constitutional objectives: the guarantee of liberty and, to that end, the independence of Chapter III judges” . Kitto J in R v Davidson also identified that the judiciary should be subject to no other authority but the law itself . This is a critical aspect ensuring the concept of legal equality is upheld. Therefore, its role clearly extends to providing checks and balances on the exercise of power by the legislative and executive arms of government . This ensures the liberty of the law and limits the abuse of the judicial system. Judicial Power is defined as “the power which every sovereign must of necessity have to decide between its subjects

The adversarial nature of Australia’s court system deal with facts and legal implications. Here lies the establishment of such principles that make the law

Despite the international prominence of human rights laws, Australia remains the only Western democracy without either a constitutionally entrenched or legislative bill of rights. Human rights can be defined as inalienable rights and fundamental freedoms that all individuals are inherently entitled to. Although human rights are protected to an extent through domestic legislation, the common law, the doctrine of the separation of powers, the rule of law, the Australian

The political system used within Australia should be that of an aristocracy. This is superior to that of the democratic society we live. Today I shall be discussing what an aristocracy is and why it is superior to other political systems. Some issues being addressed are the values of equality, despite the classes within an aristocracy and the rights for the upper class or rulers of their society to be just and uphold the idea of society as a whole opposed to that of a democracy where individuals are favoured. This is followed by the cons of the other political systems and lastly the military and defence, which is presented in an aristocratic society.

The NLRB and the courts have interpreted this statutory provision to mean that employees ( both union and non-unions members ) have the right to act together and discuss the terms and conditions of employment with fellow employees, to

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.

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

The Division and Separation of power are essential to keep our societies rulers to have a restriction on their powers. The importance of each on the Australian domestic law especially in relation to the rule of law, and protecting individual rights, and the legal system.

Good evening Ladies and Gentlemen, adjudicator, opposition and my fellow debaters. The topic for our debate is that ‘Australia should become a republic’. We, Gladstone Park Team 2 agree with the definition put forth by the affirmative team. However, we, the negative team, believe that statement is false.