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Discuss whether Australia should have a Charter of Rights. - HSC - SSCE Legal Studies - Question 22 - 2016 - Paper 1
Question 22
Discuss whether Australia should have a Charter of Rights.
Worked Solution & Example Answer:Discuss whether Australia should have a Charter of Rights. - HSC - SSCE Legal Studies - Question 22 - 2016 - Paper 1
Step 1
Arguments For the Introduction of a Charter of Rights
Answer
One of the primary arguments in favor of introducing a Charter of Rights in Australia is the need for legal protection of individual rights. Currently, Australia has no formal bill of rights at the national level, which may leave citizens vulnerable to governmental overreach. A Charter can serve as a safeguard, ensuring that fundamental human rights, such as freedom of speech, the right to a fair trial, and protection from discrimination, are consistently upheld across all states and territories.
Additionally, a Charter of Rights can strengthen Australia's democracy by ensuring that all citizens are treated equally under the law. It would provide a framework for citizens to challenge actions taken by the government that infringe upon their rights, thus enhancing accountability.
Step 2
Arguments Against the Introduction of a Charter of Rights
Answer
On the other hand, critics argue that Australia’s existing parliamentary system and common law already provide adequate protection for individual rights without the need for a formal Charter. They contend that the introduction of a Charter could lead to increased litigation and potential conflicts between the judiciary and legislative branches.
Moreover, there are concerns that a Charter might limit the flexibility of the government to respond to issues as they arise. For example, in times of national crisis, swift action may be necessary, and a Charter might create legal hurdles that impede immediate decision-making.
Step 3
Conclusion
Answer
In conclusion, while there are compelling arguments both for and against the establishment of a Charter of Rights in Australia, it ultimately reflects a broader desire to uphold and protect human rights. The decision should consider the unique context of Australian society and whether existing protections are sufficient or if a formal Charter would further benefit citizens.