Can the High Court of Australia establish enforceable human rights? A - HSC - SSCE Legal Studies - Question 20 - 2019 - Paper 1

It is argued that while the Constitution does not explicitly mention human rights, certain sections provide a framework that allows for their protection and enforcement by the High Court. This could include rights derived from implied constitutional freedoms.

The argument here centers around the division of powers among the legislative, executive, and judicial branches. Critics suggest that the High Court cannot enforce rights as this role is primarily designated to the parliament.

Similar to the division of powers argument, the separation of powers establishes clear boundaries for each branch of government. Some interpretations hold that enforcing human rights encroaches on the functions of parliament and could thus be viewed as unconstitutional.