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  • Essay / The article Protection of Rights – Comparative Perspectives

    The article Protection of Rights – Comparative Perspectives by Brian Galligan and Emma Larking explores the rights and protections that are protected by Australia's various political institutions and whether rights in Australia are adequate. It also explores whether any changes need to be made. Galligan and Larking discuss the UN charters as they relate to Australia, then discuss the various legislative and judicial means of protecting rights, while asking the question: does Australia need a Declaration rights? This essay will explore these issues and relate them to Australian liberal democracy, as Perkins (2010) states; “The liberal aspects counterbalance the democratic aspects” (quoted in Irwin 2012, p. 17). The Constitution which in this case is a set of rules by which the state is governed and describes the relationship between citizens and the government (Miragliotta, Errington & Barry, 2010, p.26) and the legislative branch, which serves as aid in which the people can be represented in the most competent manner possible (Miragliotta, Errington & Barry, 2010, p.72). This author tends to think that although Australia could benefit from a bill of rights, there is no need to protect rights that are protected by other means. “Australia is a party to all major human rights instruments and generally acts in accordance with them” (Saunders 2003, p. 213). Australia has signed and ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) which was ratified in 1976 and the International Covenant on Civil and Political Rights (ICCPR) which was ratified in 1980. Under the human rights conventions ratified, Australia must respect the rights set out within it, to this end Aust...... middle of paper ......e Australian people. Comprehensive rights protection is a vitally important issue that Australia, as a nation, must continue to work on, looking to the future. There is always room for improvement, and Australia must continue to work on these issues as a nation. List of references Galligan, B., Larking, E. 2009, Rights Protection – Comparative Perspectives, Australian Journal of Political Science, vol. 44, no. 1, pp. 1-11.Irwin, R 2012, Study Guide: Introduction to Politics, Southern Cross University, Lismore, NSW.Miragliotta, N., Errington, W. & Barry, N. 2010, The Australian Political System in Action, Oxford University Press, Sydney, NSW. Saunders, C 2003, 'Future prospects for the Australian Constitution', in R French, G Lindell & C Saunders (eds), Reflections on the Australian Constitution, The Federation Press, Sydney, pp. 213-219.