What Basic Rights Are Available Under Australian Constitutional Law?
In common law western legal systems, there is an expectation that the protections of fundamental rights of citizens is to be broad, effective and enforceable. This expectation probably comes from the United States Constitution and representations of it in popular culture. However, in the Australian Constitution as in many of its counterparts in the Western system such as the United Kingdom Constitution which is not actually codified the protection of rights is very limited. The United States Constitution confidently and comprehensively asserts a series of rights such as the right to vote, the right to trial by jury, the right against self-incrimination, the right to ‘life liberty and the pursuit of happiness’ and the right to bear arms amongst others. In the Australian Constitution there are only three express rights which are the right to vote, the right that the state shall not legislation to institute a particular religion and the right to freedom from discrimination by the citizens
