How are human rights protected by the Australian Constitution? - HSC - SSCE Legal Studies - Question 22 - 2014 - Paper 1

The Australian Constitution protects certain human rights through specific provisions. These include:

1. Express Rights: Some rights are explicitly stated in the Constitution, such as the right to freedom of religion (Section 116) and the right to just compensation when property is acquired (Section 51(xxxi)).

2. Implied Rights: The High Court of Australia has interpreted the Constitution to imply other rights, such as the implied right to political communication, which is crucial for the functioning of a representative democracy.

3. Protection against discrimination: While the Constitution does not explicitly mention anti-discrimination rights, legislation such as the Racial Discrimination Act complements constitutional safeguards.

4. Judicial Review: The Constitution establishes the judiciary, which acts to enforce these rights through the High Court. It has the power to review laws and actions to ensure they comply with constitutional rights, serving as a check on legislative and executive power.

5. Limitations of Parliament: Parliament does not have unlimited power; any law that infringes upon the Constitutionally protected rights can be challenged in court.

In essence, the structure of the Australian Constitution provides a framework that safeguards fundamental human rights, whether explicitly mentioned or interpreted.