Australia as a constitutional exception. The debate on the legal protection of rights and the model of institutional dialogue

Authors

  • Eduardo J. Ruiz Vieytez

Keywords:

Australia, bill of rights, legal protection, institutional dialogue, parliamentary sovereignty

Abstract

Australia is the only western country lacking a constitutionally entrenched or statutory bill of rights. This Australian exceptionality has opened the way to suggesting debates on the need of adopting an express declaration of rights and on the most suitable legal instrument through which this can be achieved. The British legal-political tradition of Australia shapes the dominant positions in this debate, which leads today to the adoption of a dialogue bill of rights similar to those already in force in the United Kingdom and New Zealand. At the same time, the current Australian Constitution and the federal structure of the country imply additional legal difficulties for the possible adoption of a statutory bill of rights in the Australian constitutional system.

Issue

Section

STUDIES