Towards a Democratic Bill of Rights - Essay Example

Towards a Democratic Bill of Rights Processor: Introduction A bill of rights is a list of essential rights ofthe citizens of a given state. Bill of rights plays the fundamental role of protecting and promoting human rights. Absence of bill of right results to serious violation of human rights. This violation has a somber consequence on human right, considering the sensitivity nature of human rights. Australia as an example of a country without a bill of rights, as a there are various instances of human rights violation. Since the law adopted in a country applies to each and every one, absence of bill of rights will result to violation of children’s rights and hostility on the indigenous persons (Barry, 2011, p. 76) As a result there is need for Australia to adopt a suitable mechanism that will lead to enactment of a democratic bill of right for the promotion and protection of human rights in the country. Summary of the article The article, Towards a Democratic Bill of Rights by Nicholas Barry and Tom Campbell states that, amongst all the liberal Democratic states Australia stands out as the only without a bill of rights. Absence of bill of rights brings worry over promotion and protection of the human rights. This has led to the demand to establish national bill of rights to serve the purpose of protecting human rights. According to the authors, this has led to proposition of two models to protect human rights. Dialogue model adopts means of human rights protection, but, it also avoids forms of rights based on judicial review. This is because; it involves the implementation of a bill of rights which can only be applied by courts. In addition Parliament’s legislative power is also preserved. Alternatively, there is an effective way in the implementation of the bill of rights by applying a democratic model called, Democratic bill of rights (Barry, 2011, p. 78). This model is dependent on political review and democratic processes in the protection and protection of the human rights. Statutory bill of the Democratic bill of rights is developed and recognized through a democratic process. This is to warrants protection of the views of Australian people. The bill of rights will be non-judiciable. Relevant of the article to democracy and liberalism, the Australian constitution, federalism or the legislature In Australia, the constitution and the legislature play significant roles in the protection and promotion of the human rights. These human rights are found in the constitution, the common laws and the legislature of Australia. The constitutions offer little support in the protection and promotion of human rights. Parliamentary democracy that exists in Australia is under control by the constitution (Karvelas, 2012). Implementation of the bill of rights through dialogue model hinders democracy, because, courts are responsible in the application of the bill of rights. In addition, legislature is maintained because the parliaments have the power to override the courts (Saunders, 2010.p 121) Demand for the implementation of the bill of rights in Australia illustrates the need for the introduction of liberal democracy in the country. Since Australia is a liberal country, its major organ of the government has to express democracy in their operations, as some of the fundamental human rights are provided in the constitution (Mitchell, 2014). Exercise of democratic powers is majorly done by the legislature and the court. Democracy and liberalisms is minimal in this context. This illustrates the need of amending various constitutional provisions to enable it to accommodate various human rights. The effectiveness of safeguarding human rights under dialogue model in implementing human rights is weakened; leading to wearying of liberalism. This demonstrates need to adopt suitable method in enacting human rights such as the democratic bill to avoid human rights violation. Implementation of the human rights through democratic bill of rights illustrates expression of democracy and liberalism in various forms. This comes by need to revive forms of democracy as exhibited by inhibition of forms of democracy and liberalism by the constitution and the legislature (Bill of Rights, 2014). Some essential human rights that are under control include the following: political democracy. Not all Australians that have attained 18 years are allowed to vote (Jim, 2012). This action hinders full expression of democracy, as a result poor representation is observed in the legislature (Burgess, 2012). Enactment of direct bill of rights will lead to flexibility changes in the democracy and introduction of full liberalism in the constitution of the Australia (Katharine, 2010). Conclusion Implementation of the bill of rights to promote and protect human rights has a significance effect in democracy and legislation in several ways. There is need to establish statutory bill that is developed through a democratic process. It has to ensure that it reflects the views of the Australian people and has sense of public lawfulness (Liddy, 2011). Involvement of public legitimacy in democratic processes undertaken in the country will help strengthen social and political. Avenues to improve their capacity to promote and protect bill of rights (Callaghan & Ryan, 2012). Direct bill of rights can also be essential in protection of the human by strengthening independent statutory that are given the mandate to oversee the process of protection and promotion of human rights (Holderhead, 2012). Democratic bill of rights is the best models to adopt in the process of transforming Australia to direct democracy. It will enhance the process of promoting and protecting human rights (Australian Bureau of Statistics, 2010). Democratic bill of rights incorporates various organs such as, the legislature and institutions responsible protection of the human rights, such as National Human Rights Consultation. References 2014. Web founder Tim Berners-Lee calls for internet bill of rights. ABC News. [Online] Available at: http://www.abc.net.au/news/2014-03-12/web-founder-calls-for-bill-of-rights/5316090 [Accessed 29Th March 2014] Australian Bureau of Statistics. 2010. Australian Bureau of Statistics. [Online] Available at: http://www.abs.gov.au/ausstats/abs@.nsf/ [Accessed 29Th March 2014] Barry, N., & Campbell, T. 2011. Towards a Democratic Bill of Rights.Australian Journal of Political Science, Vol. 46, No. 1, March 2011, pp. 71–86. Bill of Rights. 2014. March 14.Right Now. 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