“There are five explicit individual rights in the Constitution. These are the 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) and prohibition of discrimination on the basis of State of residency (Section 117).”
No freedom of expression, freedom of movement, equality rights, freedom of association, mobility rights etc.
Australians must argue, as Canadians did before the charter, that their rights are based on common law and originate with the Magna Carta centuries ago and the common law concept of the implied bill of rights. Otherwise they rely on statutory rights which can be overridden easily.
From an Aussie govt website
“There are five explicit individual rights in the Constitution. These are the 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) and prohibition of discrimination on the basis of State of residency (Section 117).”
No freedom of expression, freedom of movement, equality rights, freedom of association, mobility rights etc.
Australians must argue, as Canadians did before the charter, that their rights are based on common law and originate with the Magna Carta centuries ago and the common law concept of the implied bill of rights. Otherwise they rely on statutory rights which can be overridden easily.