Topic > The article Protection of Rights – Comparative Perspectives

The article Protection of Rights – Comparative Perspectives by Brian Galligan and Emma Larking explores the rights and protections protected by Australia's various political institutions and whether rights in Australia are adequate. It also explores the question of whether changes need to be made. Galligan and Larking discuss the UN Charters in relation to Australia, continuing with the various legislative and judicial means of protecting rights, as well as asking the question: does Australia need a Bill of Rights? This essay will explore these issues and link them to Australian liberal democracy, which as Perkins (2010) states; “Liberal aspects counterbalancing democratic aspects” (quoted in Irwin 2012, p.17). The Constitution, which in this case is a set of rules by which the State is governed and describes the relationship between citizens and the government (Miragliotta, Errington & Barry, 2010, p.26), and the Legislature, which acts as an aid in which people can be represented in the most competent way possible (Miragliotta, Errington & Barry, 2010, p.72). This author tends to think that while Australia might benefit from a bill of rights, there is no need to protect rights that are protected by other means. “Australia is party to all major human rights instruments and generally acts in accordance with them” (Saunders 2003, p. 213). Australia has signed and ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR), ratified in 1976, and the International Covenant on Civil and Political Rights (ICCPR), ratified in 1980. Under ratified human rights conventions , Australia must defend the rights set forth within, to this end Aust...... middle of paper ......and the Australian people. Comprehensive rights protection is a vitally important issue that Australia as a nation must continue to work on, looking to the future. There is always room for improvement and Australia must continue to work on these aspects as a nation. List of references Galligan, B., Larking, E. 2009, Rights Protection – Comparative Perspectives, Australian Journal of Political Science, vol. 44, no. 1, pp. 1-11.Irwin, R 2012, Study Guide: Introduction to Politics, Southern Cross University, Lismore, NSW.Miragliotta, N., Errington, W. & Barry, N. 2010, The Australian Political System in Action, Oxford University Press, Sydney, NSW.Saunders, C 2003, 'Future prospects for the Australian Constitution', in French R, G Lindell & C Saunders (eds), Reflections on the Australian Constitution, The Federation Press, Sydney, pp. 213-219.