Evaluate the extent to which the Commonwealth Constitution protects the rights of Australians through implied rights. - VCE - SSCE Legal Studies - Question 10 - 2016 - Paper 1

The High Court plays a crucial role in interpreting the Commonwealth Constitution. Its decisions reflect the political and democratic pressures inherent in its interpretations, helping to establish what rights are implied.

A significant implied right recognized by the High Court is the right to political communication, established in Lange v Australian Broadcasting Corporation. This case highlighted the importance of free speech in facilitating democracy, distinguishing it from other forms of expression that may not enjoy the same protections.

Additionally, the High Court has alluded to other rights, although they are less clearly defined. For instance, the implied right to freedom of political communication derives from Section 7 and Section 24 of the Constitution, indicating that citizens must be allowed to engage in political processes.

While implied rights provide some protection, there are limitations. The High Court's interpretations can vary, and factors such as standing and costs can inhibit individuals from contesting rights issues in court. Furthermore, not all fundamental rights are implied, leading to a perception that Australians may lack comprehensive rights protection.

In conclusion, the implied rights under the Commonwealth Constitution offer a framework for protecting essential democratic freedoms such as political communication. However, the scope of these rights is limited and subject to judicial interpretation, indicating that while some protections exist, they do not encompass a broad spectrum of rights for all Australians.