Human Rights Law and Commonwealth of Australia Constitution Act 1900 - Essay Example

Download file to see previous pages Since the atrocities exposed in World War II, the need for a collective international instrument of human rights laws impacting municipal law was created, and through that an outlined protection of the inherent dignity of all individuals. Thus a unanimous decision was made, creating the Universal Declaration of Human Rights in 1946, obliging the lawmakers of the member states to consider human rights factors when enacting their laws, and implying that where human rights have been violated, the subjected authorities will carry subsequent remedial actions with the intent of rectifying the wrong.

So where does Australia fit in terms of the global human rights infrastructure? Well, unlike other major developed countries, Australia has no concrete bill or charter of rights, however, it still holds strong piecemeal protections found within the legal system, such as the Australian Constitution, Common and statute law, and International obligations.
In terms of modern human rights, the Commonwealth of Australia Constitution Act 1900 is fairly limited. However, one crucial element that it does contain is in section 51 of the External Affairs Power. Within Australia, human rights legislation states (not federal) jurisdiction; as a result, the Commonwealth Government has no explicit legislative power over human rights. However, under section 51, federal legislation has the power to overrule any state legislation, so that any international law implemented into the federal law consequently assumes state legislation. In this way, international law has a direct impact on the lives of Australians.

The value of international human rights law, however, lies almost entirely in how it is implemented into domestic law. In 1988 the Bangalore Principles officially established that international law does not automatically assume domestic law unless integrated specifically into municipal legislation. So although Australia has accepted most of the major United Nations conventions, ratifying an excess of 900, Australia has no legal obligations to abide by them.

However, though there are no coercive enforcement processes available to international law, it is in the interests of most states to ensure stability in their relations with other states, so most states generally comply with international obligations. By complying with their obligations, they can ensure that other states comply with theirs too. Where Australia upholds international principles, is due to the recognition that there are common and universal human values that need to be protected domestically. ...Download file to see next pages Read More