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Pros And Cons Of The Australian Constitution

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it might be said:

I Introduction
Under section 75(v) of the Australian Constitution, the High Court has original jurisdiction in all matters ‘in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.’ Nonetheless, unlike in other overseas jurisdictions, there is currently no basis in the Australian Constitution for the award of damages for constitutional wrongs. There are varying schools of thought on whether damages should be awarded under such circumstances and this essay will seek to explore why the Australian Constitution should be amended to allow for damages to be awarded for constitutional wrongs.

The aforementioned argument will be expounded by reference to the works of various …show more content…

Early iterations of this distinction can be traced all the way back to the medieval period, however, it was not until the early 19th century that this fundamental conceptual division gained true prominence. The central goal for legal scholars at the time was to establish a clear dividing line between public and private law, whereby matters pertaining to constitutional, criminal and regulatory law would be classified under public law, and torts, contracts, property and commercial law as private.

2 Purpose of Constitutional Law
If a wrong has been committed, the public/private law distinction is a fundamental one when attempting to understand and determine the remedies that will be available, under different areas of law. For instance, when considering a constitutional wrong that has been committed, there needs to be an underlying comprehension of the purpose of constitutional law. It is only by doing so, that one is then able to determine whether the existing remedies are appropriate in the context or if amendments are needed in order for reparation to truly be …show more content…

Whilst United States courts were constricted by common law principles in relation to the application of damages for constitutional wrongs, in Canada the Canadian Charter of Rights and Freedoms conferred on courts a much broader jurisdiction that would ultimately allow them to choose a remedy in damages that would more effectively address the contraventions of rights and

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