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Discuss how a charter of rights could affect the protection of human rights within Australia. - HSC - SSCE Legal Studies - Question 23 - 2012 - Paper 1
Question 23
Discuss how a charter of rights could affect the protection of human rights within Australia.
Worked Solution & Example Answer:Discuss how a charter of rights could affect the protection of human rights within Australia. - HSC - SSCE Legal Studies - Question 23 - 2012 - Paper 1
Step 1
Detailed understanding of the effects a charter of rights could have on the protection of human rights within Australia
Answer
A charter of rights could significantly enhance the protection of human rights in Australia by providing a formal acknowledgment and codification of these rights. This would lead to greater awareness and emphasis on human rights issues at all levels of government and within the community.
One major effect would be the establishment of clear legal standards, which would allow individuals to challenge violations of their rights in a more structured way. With a charter in place, individuals could seek legal remedy through the courts if their rights are infringed, thus ensuring accountability for violations by public authorities.
Furthermore, a charter of rights could lead to more consistent application of human rights principles across different jurisdictions, reducing discrepancies in how rights are protected and upheld. It would compel lawmakers to consider human rights implications when drafting legislation, leading to more humane policy-making.
Additionally, the presence of a charter could foster a culture of respect for rights in schools and organizations, educating future generations about the importance of human rights and instilling a sense of civic responsibility. Overall, a charter would embed human rights more deeply into the legislative and social fabric of Australia.
Step 2
Arguments for the introduction of a charter of rights within Australia
Answer
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Legal Framework: A charter provides a clear legal framework that protects individuals from arbitrary actions by the state.
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Judicial Accountability: It gives the judiciary the authority to interpret and uphold human rights more robustly, ensuring checks and balances in government powers.
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Public Awareness: A charter can increase public awareness and understanding of human rights, leading to greater societal respect and observance of these rights.
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Harmonization of Laws: It could harmonize state and federal laws, ensuring uniformity in the protection of rights across Australia.
Step 3
Arguments against the introduction of a charter of rights within Australia
Answer
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Judicial Overreach: Critics argue that a charter could result in judicial overreach, where judges might impose their values over elected representatives.
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Existing Protections: Some believe that existing laws and common law principles sufficiently protect human rights without the need for a formal charter.
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Complexity and Costs: The introduction of a charter may lead to complex litigation processes which could place financial strain on the judicial system.
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Cultural Values: There is concern that a charter may not accurately reflect Australian cultural values and community norms, leading to potential conflicts.