Applying provisions of the Australian Constitution to protect rights from intrusion by state parliaments
Article
Article Title | Applying provisions of the Australian Constitution to protect rights from intrusion by state parliaments |
---|---|
ERA Journal ID | 36744 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Australian Journal of Administrative Law |
Journal Citation | 18 (4), pp. 229-244 |
Number of Pages | 15 |
Year | 2011 |
Place of Publication | Sydney, Australia |
ISSN | 1320-7105 |
Abstract | This article considers the extent to which the limited express rights protections found in the Australian Constitution could be applied against State laws. It refers to the precedent of the United States, where most of the rights protections in the United States Bill of Rights were eventually extended to protect against State laws. It argues that rights such as the right to trial by jury, to fair compensation if property is taken, and to religious freedom, should as a matter of principle be applied to State laws, as well as to Federal laws. The High Court has in other contexts recognised the integrated nature of Australia's judicial system, and that s122 should be read consistently with other provisions of the Constitution, to avoid a fragmented position in territories as opposed to other parts of Australia. By analogy, rights in ss80, 51(31) and s116 might be extended to apply against State laws. |
Keywords | human rights, partial incorporation, just terms, jury, freedom of religion |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q0wz2/applying-provisions-of-the-australian-constitution-to-protect-rights-from-intrusion-by-state-parliaments
1970
total views7
total downloads0
views this month0
downloads this month