Other than referendums, evaluate one of the ways in which the Australian Constitution acts as a check on parliament in law-making. - VCE - SSCE Legal Studies - Question 6 - 2020 - Paper 1

One of the ways that the Australian Constitution acts as a check on the Commonwealth parliament's law-making is through the protection of express rights. Express rights are specific rights that are clearly stated in the Constitution and are entrenched, meaning they cannot be removed except by a referendum which would require a double majority of voters.

These express rights explicitly prevent the Commonwealth parliament from legislating in those specific areas. For example, Section 116 of the Constitution prohibits the Commonwealth from making laws that establish a religion or impose religious observances. This means that legislation affecting religious freedoms cannot be enacted by the parliament if it contradicts these express rights.

Therefore, these express rights limit the power of the Commonwealth parliament, ensuring that certain fundamental rights are preserved against potential legislation that could infringe upon them. This creates a system of checks and balances, as any law made in these areas would be subject to challenge in the High Court, which has the power to declare such laws unconstitutional. Thus, the express protection of rights within the Australian Constitution serves as an important mechanism to limit the Commonwealth parliament's law-making.

In summary, it is reasonable to conclude that the express protection of rights via the Australian Constitution allows for a limited check on the Commonwealth parliament's law-making.