Arguments for and against an australian bill of rights

There is an ever increasing need for enactment of a bill of rights in Australia. The recent judicial activism by the high court in favourably applying international human rights treaties against both common and statute law, to the anger of the cth government demonstrates a need to expressly state what rights the law is willing to bestow upon Australians. Kirby argues that the Dietrich v R, Mabo (No 2) and ACT v Cth all show an …

…of this is the right to bear arms in the US constitution. 7)<Tab/>A BOR cannot always prevent breaches of protected rights (p325). 8)<Tab/>It is better to enact specific laws which expressly state rights in greater detail (p325). 9)<Tab/>A BOR would erode the constitution (p325). 10)<Tab/>Judges legislate when they interpret a bill of rights (p8.5 SG).