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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
Answer
A charter of rights in Australia would serve as a formal document outlining the fundamental rights and freedoms afforded to individuals. Its introduction may enhance the protection of human rights by providing a benchmark against which laws and government actions can be measured. By establishing clear standards of rights, a charter could empower individuals to challenge governmental policies that infringe upon their rights, thereby fostering a culture of accountability.
Moreover, it could lead to improved judicial interpretation of human rights, as courts would be guided by the stipulations set in the charter. Judicial decisions may increasingly reflect the values enshrined in the charter, resulting in a shift in how laws are applied and understood in relation to human rights.
Conversely, the implementation of a charter could face criticism for perceived judicial overreach, where judges are seen as making laws rather than interpreting them. This may raise concerns regarding the separation of powers within government, potentially leading to conflicts about the role of the judiciary versus the legislature.
Step 2
Arguments for the introduction of a charter of rights
Answer
Proponents argue that a charter would provide greater protection for marginalized groups, ensuring their voices are heard and rights are safeguarded. It could also promote national consistency in human rights protection, addressing disparities that currently exist between states and territories in Australia.
Additionally, a charter can serve as an educational tool, raising awareness about human rights among the general populace, which could lead to increased advocacy and support for human rights issues within society.
Step 3
Arguments against the introduction of a charter of rights
Answer
Opponents of a charter may argue that it could limit the flexibility of lawmakers to enact legislation that reflects the evolving values of society. They may also express concern that having entrenched rights could hinder governmental action in emergencies, such as public health crises or national security matters.
Furthermore, critics may feel that existing laws already protect human rights adequately, and introducing a charter could result in unnecessary litigation, overburdening the judicial system.