Costitution Essay

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Compare and evaluate the approach adopted for the constitutional protection of rights in Australia with the United States of America. The constitution is what creates a government, but also has provisions to keep the government in check and keep the people protected from the government. Both the USA and Australia have similar as well as different approaches in how their constitution operates as a mean of protecting their rights. A point of comparison between the different approaches by the USA and Australia towards their constitutional protection can be seen in how each country administers their express rights. An express right is a right that is entrenched in the constitution and can only be changed by a supermajority or referendum. These rights are directed at preventing abuse of government power. Australia has 5 express rights that are clearly stated in the constitution, such as trial by jury (section 80) which states that a trial on indictment for a federal offense must be by jury. In contrast the USA has the Bill of rights which includes 26 express rights, one of the rights included is the second Amendment which is the right to bear and keep arms. Australia also has laws regarding the possession of firearms but they are not entrenched in the constitution but instead are state laws meaning they do not require a referendum to be changed. This exposes a flaw in the America constitution in that Prime Minister John Howard was able to stricken the Australian gun laws after the Port Arthur Massacre of 1996 almost immediately through the national firearms agreement, however after the sandy hook massacre in 2012, President Barack Obama was not able to put a ban to guns due to it requiring a referendum. In variance there are also similarities between the constitutional protection of Australia and USA, a basis for this is the separation of powers. The separation of powers creates three separate branches of government, Judicial, Executive and Legislative; this is...
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