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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
Discuss the framework of the Australian Constitution
Answer
The Australian Constitution, established in 1901, provides a framework for reflecting changing values and ethical standards. It allows for judicial interpretation, thereby enabling reforms that can adapt to contemporary values. The explicit rights enshrined, such as the freedom of religion in Section 118, indicate an early acknowledgment of social rights.
Step 2
Identify explicit rights and their implications
Answer
The Constitution identifies certain rights but leaves much of their interpretation to the judiciary. For instance, the 1988 Rights and Freedoms referendum aimed at ensuring ethical considerations in governance, yet the results demonstrated a complexity in reforming constitutional rights.
Step 3
Explain challenges and limitations in reflecting changing values
Answer
Despite the intention of the Constitution to reflect changing social values, its rigid framework can hamper progress. The High Court's rulings, such as in Ling v Australia Broadcasting Corporation, highlight the balance between freedom of speech and political participation, showing that although there's room for evolution, it is constrained by established interpretations.
Step 4
Summarize the overall effectiveness of the Constitution
Answer
Ultimately, while the Australian Constitution aims to reflect evolving social values and ethical standards, its effectiveness is limited by the complexities of the legal system and the need for reform. Continuous discourse around its interpretation remains essential for ensuring it meets contemporary ethical standards.