Explain Why Australia Does Not Have A Codified Bill Of Rights

Australia does not have a codified Bill of Rights that protects the rights of Australians. Therefore the Australian legal system uses alternative methods like common law, which involves the judge making a decision in a case regarding human rights. The decision made will then become a precedent depending on the level of the court. The Australian Constitution is the other method in which Australia uses to protect the rights of people. The Constitution specifically protects rights like the right to trial by jury and many others.

Ordinary legislation is also a way that rights are protected. Ordinary legislation protects Australian rights through the Acts of Parliament. The Commonwealth Racial Discrimination Act 1975 is an example of an Act that has been enforced by courts. The acts can either be passed by state or federal parliaments. International law is the final way human rights are protected. Due to Australia entering into many international agreements they must ensure that everyone’s rights are protected being Australian or non-Australian. The Racial Discrimination Act is a strong example of the Federal Parliament passing a law in support of a treaty that has been signed.

Social cohesion is a condition in which a vast majority of people in a society act lawfully and freely to do as they please and when disputes arise they are
Once the community has decided the values and rights it wants respected, elected representatives in parliaments must create laws to deter people from causing trouble. In order to resolve any disputes that may arise, the government must Establish Dispute Settling Institutions and Processes that employ principles and procedures respected by the community. Providing for Law Making and Law Reform is crucial as societies are constantly changing, therefore the law must have mechanisms that adapt to the changes in technology and other