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Using one similarity and one difference, compare Australia’s constitutional approach to the protection of rights with the approach adopted by one of the following countries: Canada, New Zealand, South Africa or the United States of America. - VCE - SSCE Legal Studies - Question 7 - 2013 - Paper 1
Question 7
Using one similarity and one difference, compare Australia’s constitutional approach to the protection of rights with the approach adopted by one of the following co... show full transcript
Worked Solution & Example Answer:Using one similarity and one difference, compare Australia’s constitutional approach to the protection of rights with the approach adopted by one of the following countries: Canada, New Zealand, South Africa or the United States of America. - VCE - SSCE Legal Studies - Question 7 - 2013 - Paper 1
Step 1
Similarity: Protection of Rights
Answer
Both Australia and the United States incorporate the protection of rights within their constitutional framework. In the case of the United States, this is evident through the Bill of Rights, which enshrines various individual rights and freedoms. Similarly, Australia recognizes rights through its constitutional provisions, although it does not have a dedicated Bill of Rights. Instead, rights are protected indirectly through interpretations of the Constitution and by legislation.
Step 2
Difference: Mechanisms of Protection
Answer
A key difference lies in the mechanisms for safeguarding these rights. In the United States, the rights are entrenched; meaning they cannot easily be abolished or altered. Amendments to the Constitution require a rigorous process, involving approvals at both federal and state levels. In contrast, Australia lacks entrenchment, allowing for greater flexibility in modifying rights through ordinary legislation, as the Australian Parliament can amend its laws to either introduce new rights or alter existing ones without a strict constitutional process.