2003Sydney law reviewRequires access

Paying for the comfort of dogma

James Allan

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Abstract

The argument against the desirability of a Bill of Rights for Australia - the motivation behind the adoption of a Bill of Rights - the likely interpretation of such a Bill - were Australia to join the worldwide trend for some sort of Bill of Rights it would be on the confirmatory basis to preserve freedoms and rights believed already to exist - how a conjectured Bill of Rights is likely to be interpreted - evidence from Canada of how judges will treat a Bill of Rights in an activist manner - a constitutionalised or quasi-constitutionalised Bill of Rights will lock in everyone except the judges - in a well-established democracy like Australia, important rights are protected, sometimes better protected, without a Bill of Rights.

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What this paper is about

The argument against the desirability of a Bill of Rights for Australia - the motivation behind the adoption of a Bill of Rights - the likely interpretation of such a Bill - were Australia to join the worldwide trend for some sort of Bill of Rights it would be on the confirmatory basis to preserve freedoms and rights believed already to exist - how a conjectured Bill of Rights is likely to be interpreted - evidence from Canada of how judges will treat a Bill of Rights in an activist manner - a constitutionalised or quasi-constitutionalised Bill of Rights will lock in everyone except the judges - in a well-established democracy like Australia, important rights are protected, sometimes better protected, without a Bill of Rights.

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Available abstract

The argument against the desirability of a Bill of Rights for Australia - the motivation behind the adoption of a Bill of Rights - the likely interpretation of such a Bill - were Australia to join the worldwide trend for some sort of Bill of Rights it would be on the confirmatory basis to preserve freedoms and rights believed already to exist - how a conjectured Bill of Rights is likely to be interpreted - evidence from Canada of how judges will treat a Bill of Rights in an activist manner - a constitutionalised or quasi-constitutionalised Bill of Rights will lock in everyone except the judges - in a well-established democracy like Australia, important rights are protected, sometimes better protected, without a Bill of Rights.

Key concepts: Bill of rights, Law, Argument (complex analysis), Democracy, Political science, Human rights, Project commissioning, Interpretation (philosophy)

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