The Incorporation of Human Rights into Domestic Law

The Incorporation of Human Rights into Domestic Law

In Australia:

  • The Incorporation of Human Rights into Domestic Law
    • Australia does not have a Bill of Rights unlike other liberal democracies. Rather, human rights are protected in Australia through the Australian Constitution, Common law, Statute law, Non-interference, Courts and Tribunals, Bills of rights enacted within the ACT and Victoria, A proposed Australian Charter (or Bill) of Rights. Additionally, Government and NGOs along with the media, participate in the promotion and monitoring of the protection of human rights in Australia.
    • In the Australian Constitution, five individual rights have been mentioned in the following sections –
      • right to vote (Section 41)
      • protection against acquisition of property on unjust terms (Section 51 (xxxi))
      • the right to a trial by jury (Section 80)
      • freedom of religion (Section 116)
      • prohibition of discrimination on the basis of State of residency (Section 117)

Extract from Legal Studies Stage 6 Syllabus. © 2009 Board of Studies NSW.