Arguments for and against an australian bill of rights
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There is an ever increasing need for enactment of a bill of rights in Australia. The recent judicial activism by the high court in favourably applying international human rights treaties against both common and statute law, to the anger of the cth government demonstrates a need to expressly state what rights the law is willing to bestow upon Australians.
Kirby argues that the Dietrich v R, Mabo (No 2) and ACT v Cth all show an intention of the high court to create a judicial bill of rights (p324, r8.2).
Any decision on a BOR should be made by assessing the history and adequacy of protecti…
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- Arguments for and against an australian bill of rights
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