We should thank people like George Williams for the work that they do in trying to improve our democratic systems. But with the federal government constantly moving in and taking over power from the state governments it is apparent that we need a Bill of Rights at the federal level.

Again thanks George, to you and all those who are involved.

Dear George,

You certainly do not speak for me.

The thrust of your position, and your academic work, is that Australia should have statutory protection of rights and freedoms, rather than constitutional protection of rights and freedoms.

To suggest that is an adequate solution for the significant human rights breahces visited upon people in Australia by the governments of this country is an egregious error.

The Commonwealth, State and Territory Governments have demonstrated too much willingness to trench on civil rights and liberties. This will not be effectively prevented now or in the future with statutory protection of rights. Statutes can be and are amended. Recall the result in Kartinyeri v The Commonwealth (1998) 195 CLR 337. Weren't you junior counsel in that case? Think carefully about your position before dismissing the need for judicial (and constitutional) enforcement of rights.

People of Australia, the rights debate in this country is taking a wrong turn. We can do much better, indeed we deserve much better, than the statutory reforms spreading through the States.

The ACT and Victorian models are inadequate. Worse, they allow the governments in those jurisdictions to say that they are doing something when all they are really doing is engaging in a window-dressing exercise.

Only a constitutional bill of rights can ensure that rights are interpreted and enforced by a judiciary that is independent of government and unconstrained by majoritarian concerns. The essence of rights is that they are enjoyed by everyone, not subject to the whims of transient majorities. George Williams' proposals in this area suffer from a fatal flaw: they consign the rights-decisions to the parliaments, which, as majoritarian agencies, cannot be expected to protect minority rights adequately.

The typical pre-State election rush to ramp up law and order policies that trench on civil liberties is ample testimony to this tendency.

We can do much better than this

As sceptic states, a bill of rights must be at a constitutional level where it is much more difficult to change with the passing fancy of varying governments.

Also the courts must have the right to rule a law is unconstitutional (and therefore unenforceable) if the law does not meet the standards of a constitutional bill of rights. If the government wants to push though a law that is in conflict with the bill of rights let the government make the case to change the constitution.

A bill of rights must also be writen at a generic level such that the bill does not need to be updated as society changes and grows. If too proscriptive or specific a bill of rights could lock jurisprudence to the current decade. Overly generic could become meaningless. The high judges of the land (and only the high judges) must be able to intreprete the enforcement of a bill of rights in the way the originaters would had they been able to foresee the circumstances before the high court.

Skeptic and Bruce,

If you prefer decisions to be made by unelected judges rather than elected representatives, you need your heads examined.

hi george,
i am currently doing a legal project on should there be a bill of rights in australian constitution? and i hope that you can help me on my research. i made a hypothesis that australia needs a bill of rights based on several reasons such as :
-the minorities will be better protected
-uniformity of human rights in States and Territories
-it is democratically approved at a referemdum
-need for the protection of rights and freedoms of the community
-reflect in ternational standards thus improving Australia's standing in the world
-basic human rights will be protected from the interference by political parties
i hope that u can give me more details on why Australia should need A bill of rights in the constitution.
thanks