¶ … Australia Have a Bill of Rights?
Australia is the last remaining Common Law country without a Bill or Rights or Human Rights Bill. It is important to note that the Australian variant of liberalism differs from the Anglo-American model in two important ways. First, the establishment of Australia as a series of British colonies under authoritarian governors and the absence of any political revolution has meant a lesser stress on the idea of individual rights vs. The state. There has been no one in Australian history to shout 'Give me liberty or give me death', no real pressure to incorporate a Bill of Rights into our Constitution (Rowse, 1978).
Second, these factors combined with the problems of economic development in Australia and the generally inhospitable nature of the land, a staple theme of Australian literature, has meant an absence of any real laissez-faire tradition. 'Socialism' may be abhorred in the vacuum, but there is a general consensus on the need for a strong interventionist state to guarantee basic economic welfare and promote development. Liberal governments accept, albeit reluctantly in some cases (e.g. Medibank), social welfare measures, and Labor governments enthusiastically seek economic growth (and even foreign investment in the case of the state governments). Thus the seeming contradictions of Henry Albinski's remark that Australians are more ambivalent than Americans to authority: 'there is more rubbishing of authority figures and on the other hand more reliance on government than here' (i.e. The U.S.A.).
The Charter of Human Rights and Responsibilities Act 2006 (Vic) ('Victorian Charter of Rights') is a milestone in Australia's constitutional and political record. Despite the fact that it is not the nation's first bill of rights, that one is the Human Rights Act 2004 (ACT) ('ACT Human Rights Act'), (Campbell, 2006) it is the primary apparatus in an Australian state. Like the Australian Capital Territory law, it is a ground-breaking, if humble, change to the Australian system of government in the type of an unentrenched Act of Parliament that defends a range of civil and political rights.
The Victorian Charter of Rights symbolizes a decisive removal, at least in Victoria, from the long-held conception that the best defense for human rights is the first-class sense of our parliamentary legislature as forced by the doctrine of responsible government and the common law as useful by the judiciary. This view was promoted at the conventions brought up in the 1890s that created the Australian Constitution (Campbell, 2006) and in writings for example those of 19th century English legal theorist, AV Dicey (Patapan, 1997). The view has integrated supporters such as past Prime Minister Sir Robert Menzies, who considered the doctrine of accountable government as being the definitive guarantee of justice and personal rights' in Australia. (Campbell, 2006) He disputed that the doctrine preordained that Australia had no necessity of the 'formality and definition' of rights in a tool like a bill of rights. (Patapan, 1997) In current years this outlook has come under dispute as people have inquired whether the conventions concerning to responsible government, for example ministerial answerability, hang on to the same force.
The ratification of the ACT Human Rights Act and Victorian Charter of Rights also disputes the analysis that Australia has a tough record of protecting human rights which does not require enhancement through improved legal protection for such rights. In 1967, Sir Robert Menzies, just withdrawn as Prime Minister, commented that 'the human rights of individuals in Australia are as sufficiently cosseted as they are in any other country on the earth.' (Debeljak, 2007) In the same way, current Prime Minister John Howard held in 2000 that 'Australia's human rights standing in comparison with the rest of the world is fairly magnificent' (Conway, 1978).
While Australia unquestionably has an improved human rights testimony than a lot of other nations, the vision that our record could not be considerably enhanced is no longer as willingly accepted. Both the historic and modern weaknesses of the Australian evidence have been uncovered, counting the federal government's own Human Rights and Equal Opportunity Commission in regard to the compulsory elimination of Aboriginal children from their families (the 'stolen generations'), and the imprisonment of children looking for asylum and refuge and their significant growth of a range of mental health problems (Conway, 1978). Expansion after September 11, 2001 has also lead public to inquire how well human rights are sheltered in Australia, mainly since the acting out of new laws on sedition; the arrest of non-suspects...
S. President George W. Bush. Thus, when the blast in Bali, at the southern point of Indonesia, directed the fury of 9/11 at a popular attraction to Australian holiday-makers, Australia became a nation motivated in foreign policy by the apparent threat of global terrorism. This would be demonstrated by its unwavering willingness to follow the United States even into its poorly-informed and ill-advised invasion of Iraq, providing combat troops and civilian military aid. During the lead- up
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