Evaluate one means by which the Commonwealth Constitution protects rights in Australia. - VCE - SSCE Legal Studies - Question 10 - 2015 - Paper 1

The existence of express rights is one means by which the Commonwealth Constitution protects rights in Australia.

Australia has 5 express rights that are expressly worded and entrenched in the Constitution and include section 116, which provides a limited right to freedom of religion; section 80, which guarantees the right to a jury trial in criminal matters; section 117, which prohibits discrimination against residents based on state residency; section 92, which provides for the freedom of interstate trade; and section 51(xxxi), which protects against unjust deprivation of property.

These rights are entrenched, meaning they are difficult to amend or remove. Any changes to these rights can only be achieved through a referendum, which gives the Australian populace a direct say in any alterations. This creates a strong form of protection, though it also reflects a fundamental weakness of express rights; namely, they are very limited in scope. The rights that are enshrined do not cover all potential rights and freedoms, such as the right to vote or other civil liberties.

Furthermore, the Constitution is hard to change, making it a negative aspect; it means that if significant rights are omitted, there is often little room for alteration to include them. This reflects the broader concern that while there are certain entrenched rights, many crucial rights that Australians may desire to see protected may not be covered.

In conclusion, express rights in the Commonwealth Constitution offer a measure of protection for certain rights, but their limited scope and difficulty of amendment serve as both a strength and a weakness in the broader context of legal protections in Australia.