How are human rights protected by the Australian Constitution? - HSC - SSCE Legal Studies - Question 22 - 2014 - Paper 1

The Australian Constitution provides limited protections for human rights, but it effectively creates a framework that upholds certain fundamental principles.

Firstly, Section 116 of the Constitution prohibits the establishment of a religion by the Commonwealth and prevents the free exercise of religion from being restricted. This clause protects the religious freedoms of individuals and prevents government interference in religious practices.

Secondly, Section 117 prohibits discrimination against citizens on the basis of state residence. This ensures that individuals have equal rights regardless of where they reside within Australia, promoting equality before the law.

Additionally, the judiciary plays a crucial role in interpreting the Constitution. The High Court of Australia has the power to determine whether laws align with the Constitution's provisions on rights and freedoms, establishing precedents that further protect human rights.

Moreover, statutes such as the Human Rights Commission Act and various anti-discrimination laws contribute to the overall protection of human rights in Australia.

Given these elements, while the Constitution does not contain a comprehensive Bill of Rights, it nonetheless provides essential protections that help safeguard human rights in the Australian legal framework.