An Australian (partial) bill of rights

Abstract

Contrary to popular perception, the Australian Constitution does contain a bill of rights. What is exceptional about this bill of rights, however, is that it is extremely narrow in both comparative and democratic terms. This narrowness in constitutional rights protection has a direct impact on the approach of the High Court of Australia to interpreting express rights guarantees. It encourages a narrow approach to the interpretation of such rights, which itself means that incremental efforts to expand constitutional rights protection are likely to be self-defeating. The only reliable approach to expanding constitutional rights in Australia, therefore, will likely involve tackling head-on the challenge of broader constitutional change.