Examples Of Australia Not Embed The Bill Of Rights

Australia should not embed a bill of rights into the constitution, as the United States of America and many other countries have done. The United States of America uses a Bill of Rights, a section of the constitution that is set aside for rights of the people. Australia has uses a mixture of statutory laws, constitutional sections and common law to protect the Australian people’s rights in a superior way, such as having checks and balances to prevent overstepping of power, common law and implied rights, having the flexibility to change or update rights easier than the USA, and the fact that the supreme court and judges in America are extremely politicized, meaning that embedding a Bill of Rights is unnecessary and potentially hazardous.

The US places all of its rights into the Bill of Rights, such as the freedom of speech,

In America, judges have become too politicised . The government in power for example could be republican. They might appoint a judge who aligns with their political view and policy, causing that judge to interpret the constitution in such a way that allows the government to get away with something or may change rulings on a right. An example of this polarisation is the famous Bush v Gore case in 2000. In this case, a recount of votes in counties in Florida had not been undertaken, as was required due to the low majority. Politicization of the case due to the fact that the case regarded a presidential election was unpreventable. The vote was a 5:4 result in favour of Bush, and the recount was not restarted after cancellation . Such politicization of cases could affect any amendment, such as the Bill of Rights. Australia’s lack of a Bill of Rights, and the distribution of rights among statute, constitutional and common law prevent this politicization occurring, also preventing the erasure of the power of the