IMPLIED RIGHTS IN THE AUSTRALIAN CONSTITION - RIGHT TO VOTE AND ONE VOTE, ONE VALUE Free Essay, Term Paper and Book Report
(i) Introduction
Australia is regarded as being a representative democracy because the government is formed by the peoples representatives. The people govern through those representatives whom administer democracy under a system of responsible government provided for in the Constitution.
In line with that model of democracy, the Constitution contains provisions relating to personal rights such as the right to trial by jury, and freedom of religion. However, the Constitution does not include a formal Bill of Rights. The primary reason cited for this is that Australia has left the protection of civil liberties to the processes of responsible government, which is reflected in the Constitutions lack of positive rights, which it has been said, confers rights by any absence to restrict them.
The High Court has found the Constitution to contain some implied democratic rights, although they appear to be extremely limited in number and those that do exist are often at the centre of frequent disagreements as to their foundations. As Gleeson CJ asserts, The Constitution doe......
Word Count: 2568
Page Count: 10.2 (250 words a page / double spaced)
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