The US differs in that its constitution contains a Bill of Rights which is a systematic enumeration of many rights rather than miscellaneous which has amendments. The US first 10 amendments involve the protection of freedoms (speech, press, and religion), Australia is the only democratic country without a national bill of rights. The Bill of Rights is to give the same rights to every individual and to lessen the power of governments to impose their bias, prejudices and even morals within our laws. It would create better accountability to ensure fairness for all individuals. The framers of Australia's Constitution, working in the 1890s, debated the adoption of a Bill of Rights along the lines of that in the United States. The proposal was …show more content…
The different mechanisms (express and enumerated rights) influence the decisions made for a bill of rights to be embedded in the constitution as there are factors that determine how well a bill of rights would work. The constitution is built off foundations that benefit the states and the people (S. 51, S. 116, S. 117, S. 41, S. 99 and S. 80) however to amend a constitutional right then a referendum must be performed whether as in America the houses must approve of the changes set and see if they impose on the amendments in the …show more content…
Freedom of political communication/speech/association (S.7, S.24, S.32) refer to gov being "directly chosen by the people," implying that the Constitution requires a representative/democratic government, viable through political rights. The Nationwide News Pty Ltd v Wills and Australian Capital Television v Commonwealth (1992) cases argued that implied political rights to freedom of speech arise under their need to ensure government is a representative (i.e. restricting the ability to communicate about politics interferes with the political process to provide for a government which truly represents the will of the people) as framed for by the Constitution; giving equal political power to the