Rights, Liberties and Restrictions

This chapter examines the extent to which human rights are protected by and in Australian law, both State and federal, with a focus on the Commonwealth Constitution (CC). The protection of rights in Australia has been described as a 'patchwork' by a National Human Rights Consultation Committee in 2009 (Human Rights Consultation Committee, Rights, Responsibilities and Respect: The Report of the Human Rights Consultation Committee, Melbourne, 2009). This is because Australia, unlike every other liberal democracy, has no national bill or charter of rights. Other countries, such as New Zealand, the United Kingdom and Canada, have comprehensive statements of rights (which may be termed a 'charter' or 'bill' of rights), either in their constitution, or in national legislation.
In Australia, rights are found in the Commonwealth Constitution (CC), in legislation, and also in the common law. This chapter explores the complex relationship between these three sources of rights.