Legal Groundup

Legal Studies from the ground up

Application Excercise 6b

Some human rights that could be protected in an Australian Bill of Rights include:

  • a fair trial
  • vote
  • free speech
  • freedom from discrimination because of your sex, age, race or because you have a disability
  • protection from torture and cruel, inhuman or degrading treatment
  • education
  • health
  • protection from violence.

Arguments for and against acountry like Australia having a Bill of Rights:



All our rights would be protected in a bill of rights.

Rights are already protected in Australia through a few different ways, being the Australian Commonwealth Constitution that includes entrenched rights, the Victorian Charter of Human Rights and Responsibilities, Common law, Statute law and International treaties that Australia has signed.

Whilst judges can develop the common law, they are limited in this regard. They depend on the cases which are brought to their courts. Even when cases are brought to court, the judges are not always able or willing to invoke legal principles to protect basic rights. The High Court itself declared that there was no common law right to privacy, and women’s rights have often been overlooked.

no need for us to change our existing institutions and adopt a bill of rights.