Common law is often called 'judge-made' law. In 1992 the Court decided that Australia's form of parliamentary democracy (dictated by the Constitution) necessarily requires a degree of freedom for individuals to discuss and debate political issues.Īustralia's common law was inherited from the United Kingdom. The High Court has found that additional rights for individuals may be necessarily implied by the language and structure of 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).
There are five explicit individual rights in the Constitution. Instead, protections for human rights may be found in the Constitution and in legislation passed by the Commonwealth Parliament or State or Territory Parliaments. Unlike most similar liberal democracies, Australia does not have a Bill of Rights. How are human rights protected in Australian law?
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