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

The Australian Constitution, established in 1901, provides a framework to reflect changing values and ethical standards, primarily through judicial interpretation and legislative reforms.

One significant aspect of the Constitution is the explicit rights it contains, such as the right to freedom of religion (Section 116), which ensures a level of protection for individual freedoms. However, it can be argued that the Constitution does not fully align with modern ethical standards, as it lacks comprehensive protections for various groups, including Indigenous Australians and those facing discrimination.

Furthermore, the 1988 Rights and Freedoms referendum, aimed at altering the Constitution to recognize these rights more explicitly, illustrates the complexities involved in constitutional reform. The High Court's decision in Lange v Australian Broadcasting Corporation (1997) emphasized the importance of freedom of political communication, reflecting a broader societal value placed on democratic rights.

Despite these efforts to reform, the Constitution often reflects a slow adaptation to evolving ethical standards, demonstrating the tension between entrenched legal frameworks and contemporary societal values.