Statutory charter of rights
- A statutory law made into law by Parl
- It would be expected that future laws passed by Parl would conform to the provisions of the Charter
- It would be easier to implement in Australia. A Constitutionally entrenched Bill would need to pass a referendum, and historically referenda have not passed, notwithstanding bipartisan support etc.
- A legislative Bill can be altered by Parl quite easily, so rights would adapt to societal values and would not become outdated.
- Bill may change too quickly and not be stable: cannot guarantee true/adequate protection over time. This weakens the effectiveness of the protection, as gov’ts may limit these rights when needed. (c.f. Northern Territory Intervention and the suspension of the Racial Discrimination Act 1975.
- A law is not the best way to protect rights – if a law is required to protect rights, it usually indicates that societal attitudes needs changing rather than enforcing a law.
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