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Word Count: 640
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 r82 Any decision on a BOR should be made by assessing the history and adequacy of protections afforded by the constitution p327 r82 Arguments for a Bill of Rights 1society has changed since the creation of our constitution The existence of a multicultural society mandates the need to protect the minorities within our community p316 r81 2Kirby J believes the handing down in the 90s of decisions by the high court which determine fundamental human rights should not be determined by judges but by a bill of rights enshrined in the constitution p316 3A bill of rights would empower the powerless and disadvantaged to assert their rights and seek redress of any breach of those rights p327 r82 4The original rejection of the inclusion of a bill of rights in the constitution by its framers was due to a supreme faith in parliamentary democracy and a fear that a bill of rights which provides for due process would undermine discriminatory laws of the time which disadvantaged ATSIs and chinese migrants p 321 5A constitutional bill of rights is needed where the states have not enacted their laws in compliance with international HR standards p322 6Democracylegislation is not perfect and as such can overlook the rights of minorities p326 r82 7The courts cannot be politicised by a bill of rights as they are involved in politics by virtue of their attachment as a third arm of
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