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Human rights in Australia have largely been developed by the democratically elected Australian Parliament through laws in specific contexts (rather than a stand-alone, abstract bill of rights) and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and ...
The Constitution Alteration (Rights and Freedoms) Bill 1988, [1] was an unsuccessful proposal to alter the Australian Constitution to enshrine various civil rights, namely freedom of religion, rights in relation to trials, and rights regarding the compulsory acquisition of property.
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution , which establishes the country as a federation under a constitutional monarchy governed with a parliamentary system .
Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by ...
The Australian constitution is notable for not containing a bill of rights, and express constitutional restrictions upon Commonwealth power are minimal in number and scope. Nevertheless, some restrictions upon Commonwealth power have been recognised by implications drawn constitutional sections unconcerned with the establishment of rights.
H. V. Evatt, the Labor Attorney-General, argued that freedom of religion was "fundamental to the whole idea of democracy" and that the suppression of civil rights by dictatorships in Europe demonstrated the need for Australia to have a strong Constitutional guarantee of the freedom. [45]
The Australian constitution's "race power" placed limits on the federal government's ability to enact legislation specific to Indigenous Australians. This meant that Indigenous policy at the federal level was almost solely concentrated towards the Northern Territory , the only federal territory with a significant Indigenous population.
Pages in category "Rights in the Australian Constitution cases" The following 29 pages are in this category, out of 29 total. This list may not reflect recent changes .