Download A New Constitution for Australia (Australian) by Harris PDF

By Harris

ISBN-10: 1876905069

ISBN-13: 9781876905064

The final hundred years have obvious many social alterations in Australia. the numerous shortcomings in Australias structure were exposed,leading to the present debate on an Australian republic.

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Extra resources for A New Constitution for Australia (Australian)

Example text

1984] 1 NZLR 116, 121. [1984] 1 NZLR 394. Cooke, 1988. L v M [1979] 2 NZLR 519, 527. New Zealand Drivers’ Association v New Zealand Road Carriers [1982] 1 NZLR 374, 390. 9 A New Constitution for Australia In Australia, Murphy J not only found a number of rights implicit in the text of the Commonwealth Constitution17 (thereby anticipating the High Court’s finding in Australian Capital Television v Commonwealth (No 2)18), but also stated, in McGrawHinds (Australia) Pty Ltd v Smith,19 that some implied rights arose ‘from the nature of the society which operates the Constitution’.

1 2 Hughes, 1994, 164. Lutz, 1990, 266. 3 A New Constitution for Australia This was certainly not the perspective adopted by the framers of Australia’s Constitution. As they saw it, their task was to draft not a charter regulating the relationship between the citizen and the various governments in Australia, but rather what was really a compact3 or treaty between the separate Australian colonies, delineating the terms upon which they would agree to federate. Our Constitution thus bears more of the features of an inter-governmental agreement than a set of principles regulating the relationship between the individual and the State.

35 This order undoubtedly infringed the protesters’ right to freedom of expression. Furthermore, there is little doubt that such an order would be found to constitute an unreasonable limitation on the freedom, as the protesters were acting peacefully. This incident also highlights an important feature of human rights litigation: even if a statute limiting a freedom is valid on the face of it, the courts may rule that a specific application of a discretion conferred by the statute is unlawful under a Bill of Rights.

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