HUMAN RIGHTS IN AUSTRALIA

Bill of Rights in Australia



Bill of Rights in Australia

Introduction

Bill of Rights is among the names that have historically received the policy documents that list the rights and liberties considered essential for people. Range whether or not constitutional, and come from a legislature or of the mere will of a king (so-called Charter granted), such statements involve a willingness to protect the rights against possible abuses of the exercise of government, so that political power is certainly limited to the one who provides it, whether recognized or principles of national sovereignty or the separation of powers, are typical of the liberal state. The concept of typical welfare state of the democracies of the twentieth century introduced the advanced recognition of social rights.

The Bill of Rights defines the powers of Parliament whose opinion is essential for the suspension of laws, their implementation, the lifting of a new royal tax, maintenance of an army in peacetime (articles 1, 4 and 6). The fundamental rights of English subjects are affirmed as the right of petition (Article 5) or the freedom of elections to the House of Commons. To counteract any drift absolutist, Parliament must be met frequently (Article 13). Article 10 complements the provisions justice of the Habeas Corpus Act of 1679 protecting the accused from excessive bail. The bill of rights is a tremendous step forward for freedom of expression. From 1695, the press freedom is guaranteed in Australia. However, the country is not yet a democracy modern, because only rich men can vote and elect members of the House of Commons.

In the eighteenth century, the British parliamentary monarchy (the parliaments of England and Scotland merged in 1707) is admired by all critics of absolute monarchy. Thus, the French Voltaire admires the freedom of expression that exists in Britain in its Philosophical Letters (1734) and in its Philosophical Dictionary (1771).

On the other hand, Australia is now the only democratic country that has no explicit declaration of rights or written constitution, although there is an ongoing debate in many federal states that compose it (Victoria and the Australian Capital Territory it has advanced). Former Australian Prime Minister, John Howard, has argued against bills of rights in Australia, because, their argument would mean transferring power from elected politicians to those who are not elected (judges and officials).

Description and Analysis

The year, 2010, could mark a turning point in the defense of human rights in Australia. The country is in fact right now the only democratic nation in the world to be free of a general legal protection of human rights, understood as a charter of fundamental rights or bill of rights.

Most countries in the world have in fact already adopted a charter of fundamental rights, inspired by the international instruments, which is more important to ensure the protection of fundamental human rights, such as the Universal Declaration of Human Rights of 1948, the International Covenant on Civil and politicians and the International Covenant on Economic, Social and Cultural Rights of ...