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

For

  • 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• A legislative Bill can be altered by Parl quite easily, so rights would adapt to societal values and would not become outdated.

Against

  • 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.

You may also like...

Leave a Reply

%d bloggers like this: