Human Rights in Australia - Australian Constitution

Australian Constitution

The Australian Constitution took effect on 1 January 1901. It includes details on the composition, powers and processes of the Australian Parliament and how federal and state Parliaments share power within Australia. It contains several express and implied protections of human rights - though it does not contain a Bill of Right as contained in the United States Constitution. It can only be altered by referendum. Civil and political rights and liberties expressly provided by the Constitution are: ss 41 (right to vote), 80 (right to jury trial for indictable offences), 116 (freedom of religion) and 117 (freedom from discrimination on the basis of State residence). Economic rights provisions are s 92, which protects freedom of interstate trade, commerce and intercourse; s 51(xxiiiA), which prohibits civil conscription in relation to medical and dental services; and s 51(xxxi), which empowers the Commonwealth government to acquire property "on just terms".

Since 1992 decisions of the High Court of Australia have held that there are further "implied rights" within the Constitution to free speech and communication on matters concerning politics and government (known as the 'implied freedom of political communication').

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