charter of rights Flashcards
what is a charter of rights
a document which sets out the basic rights to which every human should be entitled. aus does not have one
what are arguments 4 charter of rights (4)
-common law doesnt always protect HR (mclinnes v the queen)
-charter of rights woul dprotect minority groups - not adequeately protected- aborginals
-common law to slow to meet contemp needs (such as technological advancements- electronic surveillance)
-it would ensure conssitent interpretation of HR
arguments against charter of rights (5)
-HR already adequated protected - international/statute/common law
-There is a danger that people will have no rights, except for those within the charter (dif interpretations)
-may mean that the judiciary would take on a political role because it would have to decide whether laws infringed the Charter of Rights and hence not carefully consider situations
-difficult to change and may become irrelevant or inappropriate over time. The United States has an entrenched Bill of Rights and has great difficulty in controlling the ownership of guns because, under the Bill of Rights, every citizen has the right to bear arms. While this may have been necessary when the bill was first drawn up, it now is less necessary and contributes to murder and violence within the country.
-charter of rights would be too easy to change n be amended in accordance to political party interests
