Photo AI
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
Provide informed arguments for and/or against the introduction of a Charter of Rights in Australia
Answer
A Charter of Rights is a critical document that outlines the civil and political rights of citizens within a jurisdiction. Advocates for the introduction of a Charter in Australia argue that it can provide necessary protections for vulnerable groups such as homeless people, refugees, and Indigenous Australians. Such a Charter could ensure that fundamental human rights are consistently upheld across the nation.
On the other hand, some may argue that Australia already has a robust system of democratic governance and that additional legal frameworks might complicate existing laws. They assert that Australians enjoy rights sufficiently safeguarded by other legislation and common law.
Step 2
Demonstrate a sound understanding of the need for a Charter of Rights
Answer
The need for a Charter of Rights in Australia can be demonstrated through the need to provide accountability and assurance that the government respects and protects individual rights. In instances where individual rights have been overlooked, a Charter could serve as a foundation to seek redress. Furthermore, a Charter may empower citizens by making their rights clear and actionable.
Step 3
Demonstrates an understanding of a Charter of Rights
Answer
A Charter of Rights is essentially a legal document that outlines the fundamental rights and freedoms entitled to every individual within a specific jurisdiction. It aims to provide clarity on what rights are protected and to ensure that any infringement can be legally challenged. In the context of Australia, implementing a Charter may also serve to unify the various human rights protections that exist across the states and territories.