In relation to human rights, discuss the extent to which the Australian Constitution reflects changing values and ethical standards. - HSC - SSCE Legal Studies - Question 22 - 2024 - Paper 1
Question 22
In relation to human rights, discuss the extent to which the Australian Constitution reflects changing values and ethical standards.
Worked Solution & Example Answer:In relation to human rights, discuss the extent to which the Australian Constitution reflects changing values and ethical standards. - HSC - SSCE Legal Studies - Question 22 - 2024 - Paper 1
Step 1
Discussion of the Australian Constitution's framework
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Answer
The Australian Constitution, established in 1901, provides a framework designed to reflect changing values and ethical standards through judicial interpretation and legislative reforms. It delineates the powers of the government and outlines certain rights of the citizens, which can evolve over time.
Step 2
Explicit rights and their implications
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Answer
There are explicit rights in the Constitution, such as the right to freedom of religion (Section 116). While these rights offer a degree of protection, the Constitution does not list all the rights that Australians possess. The complexity of the Constitution often hinders the reflection of changing values.
Step 3
The 1988 Rights and Freedoms referendum
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An example of the challenges in reflecting these changing values is the 1988 referendum that aimed to embed rights within the Constitution. Despite its intention, the reform process did not succeed, indicating limitations in the Constitution's capacity to adapt.
Step 4
Judicial interpretation and its role
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Judicial interpretation of the Constitution can also play a significant role in ushing out ethical standards. The 1997 case, 'Leigh v Australia Broadcasting Corporation', illustrates how the High Court interprets implied rights related to freedom of political communication, further underscoring the difficulty in aligning constitutional provisions with evolving societal norms.
Step 5
Conclusion on reform progress
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In conclusion, while the Constitution has mechanisms that allow for the reflection of changing values and ethical standards, real-world application, and the reform process's complexity often curtail this responsiveness.