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A Charter of Rights (Arguments For and Against)
- Most democracies like that of Australia adopted a Bill of Rights to ensure maximum protection of human rights and to keep a document that limits the ability of the parliament to dissolve or infringe certain human rights. Unlike most countries, Australia does not have a general Charter of Rights or Bill of Rights to protect the rights of the citizens yet.
- Many arguments have been put forward both for and against the motion of a Charter of Rights. Some of these claims have been listed below –
Arguments For | Arguments Against |
1. Provides explicit legal protection of human rights. | 1. A threat to parliamentary sovereignty since it limits the authority of the elected members to make laws. |
2. Provides a clear legal framework on holding violators accountable. | 2. May increase judicial activism. |
3. Provides clarity on the freedom and rights of citizens. | 3. Subjective interpretations of the rights and freedoms in the charter may lead to ambiguity. |
4. Will help in enhancing democratic processes in the country by entitling every citizen to human rights regardless of their race, gender, religion or other characteristics. | 4. Inflexibility of the Charter of Rights may make it difficult to mould as per changing social and political circumstances. |
Extract from Legal Studies Stage 6 Syllabus. © 2009 Board of Studies NSW.