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Published byBret Coombs Modified over 10 years ago
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Approaches to the protection of rights in Australia and overseas
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A Bill of Rights? A bill of rights is a statement of particular rights that citizens have under the laws of that country. Australia does not have a bill of rights but this does not mean that our rights are unprotected. Rights in Australia are protected through various sources such as the Constitution, state and federal legislation, and common law. Many countries have protected rights through adopting a bill of rights that is either part of the constitution or contained within an Act of parliament.
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Australia does not have a bill of rights but this does not mean that our rights are unprotected. Rights in Australia are protected through various sources such as the Constitution, state and federal legislation, and common law. Many countries have protected rights through adopting a bill of rights that is either part of the constitution or contained within an Act of parliament.
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Entrenched Bill of Rights An entrenched bill of rights cannot be changed by an Act of parliament — it can be altered only by amending the constitution. Rights that are entrenched within a constitution (constitutional rights) are thought to be more permanent because the voting public rather than the government of the day must approve of any change to these rights. United States, Canada and New Zealand have entrenched rights
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A Statutory Bill of Rights A statutory bill of rights means that, while rights are documented in an Act of parliament, they can also be amended or repealed by an Act of parliament.
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Comparison: Australia & South Africa South Africa had a long history of rights abuse. However, an entrenched bill of rights came into effect in South Africa in 1997. The Bill of Rights seeks to protect not only civil and political rights, but economic, social and environmental rights.
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Similarities between the approaches to the protection of rights in Australia and South Africa
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Differences between the approaches to the protection of rights in Australia and South Africa
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