Significance of the USA Constitutional Bill of Rights in Protection of Human Rights - Case Study Example

STUDENT NAME INSTRUCTOR INSTITUTION DATE OF SUBMISSION Thesis statement Bill of rights mandate is to clearly spell out the fundamental human rights. It acts a shield for the voiceless in the society and point of reference for administration of justice in the society. The UN commissioner of human rights is responsible for initiation of bill of rights to ensure there is no gross violation of human rights in a country. This paper will evaluate and project the significance of bill of rights in protection of human rights. This is through a compare and contrast approach to bill of rights in USA and the existing bill of right in South Africa. The paper will then evaluate whether the presence of bill of rights in a country constitution will guarantee protection of human rights. Introduction The existing common law is not sufficient in protecting human rights. There are still loopholes in the relevant protection of freedoms and rights in Australia. The Australian common law was inherited from England. The common law has impacts and dimensions which affects protection of fundamental human freedoms and rights. Australia has no bill of rights in a single document. Human rights are found in more than one document such as legislation and common law, constitution and Acts of parliament. There are five explicit constitutional human rights in Australia. The rights are right to vote, protection against unjustified acquisition of property, right to jury trial and protection against discrimination on the basis of residence state. Significance of USA constitutional bill of rights in protection of human rights The essence of bill of rights in a constitution is to protect rights of citizens, visitors, residents who are in American territory. The bill of rights is there to protect freedom of religion, freedom of speech, right to bear and keep arms, freedom of assembly. The bill of rights forbids unreasonable seizure and search, compelled self-incrimination and unusual and cruel punishment. The bill of rights prohibits federal government from limiting a right to property, life and liberty in the name of law (Brassil, 2001). How constitutional bill of rights protects human rights in South Africa? The constitutional bill for rights role is to observe protection of fundamental human rights without fear or favor. The bill of rights empowers the commission to work with the civil society, government and individuals in South Africa to advocate for the protection of human rights. The commission acts as a watch dog and feasible route to access the fundamental human rights. The bill of rights is significant in creation of national culture of respect and protection of human rights; this is necessitated through research, legal functions and advocacy to protection of human rights. . Adoption of bill of rights will give room to direct application of human rights jurisprudence which has been in development elsewhere in the world. A bill of rights is vital component of a constitution. The bill of rights protects a framework of developing a yardstick of human rights law (Henrard, 2002). How are human rights protected in Australia without a constitutional bill of rights? Unlike other liberal democracies, Australia has no bill of rights in a single document. Human rights are found in more than one document such as legislation and common law, constitution and Acts of parliament. There are five explicit constitutional human rights in Australia. The rights are right to vote, protection against unjustified acquisition of property, right to jury trial and protection against discrimination on the basis of residence state (Babie, 2012). The absence of constitutional bill of rights in Australia limits members of public from discussing and debating political issues. Equal opportunities agencies are mandated to protect citizens from discrimination.it is difficult to effectively protect human rights without a constitutional bill of rights. The domestic legal system does not offer effective remedy to persons have been violated under International Covenant on Civil and political rights (Babie, 2012). Australia is not an isolated case in the adoption of Bill of rights. Adoption of bill of rights will give room to direct application of human rights jurisprudence which has been in development elsewhere in the world. A bill of rights is vital component of a constitution. The bill of rights will inculcate thought and culture of respect among citizens of a country. The absence of comprehensive Bill of rights in the Australia constitution will be taken to mean the continued desire to discriminate against some racial groups in Australia. There has been a controversy in the inclusion of comprehensive bill of rights in the Australia constitution. The controversy emanates from the feeling that introduction of a bill of rights in the constitution will shift power from parliament who are elected to judges who are not elected. The bill of rights will legislate on matters of important social policy in Australia. Incorporation of bill of rights in the constitution will guarantee a human right by statute (Babie 2012). Australia is a member of ICESCR and the ICCPR.it is a signatory of other international conventions and treaties which are there to protect fundamental human freedoms and rights. Australia human rights statute effect international conventions which includes laws against discrimination on the basis of age, sex, race and disability. It is fallacious to assume that the absence of constitutional bill of rights is a proposition of violation of fundamental human rights in Australia. There exist federal bodies such as commission for human rights and Equal Opportunities. The federal body is set up by a statute to handle complains of infringement of fundamental human rights. The commission role is to educate the public in matters pertaining to respect and observance of human rights. The commission can also intervene in judicial proceedings whenever there is a feeling that fundamental human rights have been violated. The existing common law is not sufficient in protecting human rights. There are still loopholes in the relevant protection of freedoms and rights in Australia. The Australian common law was inherited from England. The common law has impacts and dimensions which affects protection of fundamental human freedoms and rights. Common arguments for Constitutional bill of rights drawn from case of USA, SOUTH AFRICA and Australia Arguments for bill of rights in the constitution are drawn from defects of democracy, political nature of law, legislation inaction and judicial action, we live in a changing community, and judicial powers have limits and desire to put politics below rights. There is no perfection in democracy. Sometimes democracy may overlook the rights of minorities and this call for incorporation of bill of rights in the constitution. Courts are arms of government, just like parliament. Judges will be able to put justice above political with existence of bill of rights. For instance in the USA, congress left the issues relating to racial discrimination, abortion law, electoral inequality, protection of the unborn babies, right to individual privacy to the bill of rights. Determination was made through invoking fundamental bill of rights to the case. Courts are also determinants of issues relating to bill of rights in Australia (Babie, 2012). The other reason to adopt bill of rights is changes in the community. The Australia society keeps on changing every day. There have changes in racial composition. There is an increasing rate of adopting multiculturalism. There is a guaranteed in unity of a nation when political, civil and other rights are included in a single document. The single document is a bill of rights. The bill of rights is an effective document which will guarantee the aspects of placing rights above politics. Bill of rights will define values in the society. Bill of rights is a source of social cohesion in commonwealth countries. Bill of rights in Australia will provide a legal framework of educating citizens. Most of Australian school children are ignorant of their rights. This is not the case in United States of America and South Africa. Australia children are unaware of political and legal system in the country. The children in America and South Africa are full aware of constitutional rights as spelt out in the bill of rights. On the other hand, children in Australia are only aware of pop star artists. The bill of rights will provide point of reference for human rights interpretation. Remarks We can say that there is a complete guarantee in protection of human rights with the incorporation of bull of rights. There are still incidences of reported infringement of fundamental human rights in USA and South Africa. Australia has been reporting low cases of violation of human rights. The common point is that the country cannot live in isolation. Australia cannot exist virtually alone without bill of rights (Campbell, 2006). Conclusion The Australia society keeps on changing every day. There have changes in racial composition. There is an increasing rate of adopting multiculturalism. There is a guaranteed in unity of a nation when political, civil and other rights are included in a single document. The single document is a bill of rights. Arguments for bill of rights in the constitution are drawn from defects of democracy, political nature of law, legislation inaction and judicial action, we live in a changing community, and judicial powers have limits and desire to put politics below rights. REFERENCES BABIE, P. T., & ROCHOW, N. (2012). Freedom of religion under bills of rights. Adelaide, University of Adelaide Press. BRASSIL, B., & BRASSIL, D. (2001). Excel HSC legal studies. Glebe, N.S.W., Pascal Press. CAMPBELL, T., GOLDSWORTHY, J. D., & STONE, A. (2006). Protecting rights without a Bill of Rights institutional performance and reform in Australia. Aldershot, England, Ashgate. http://site.ebrary.com/id/10211253. HENRARD, K. (2002). Minority protection in post-apartheid South Africa: human rights, minority rights, and self-determination. Westport, Conn. [u.a.], Praeger. Read More