Australian Constitution Centre
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    • What is the Australian Constitution
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    • Rights
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    • Democracy – The Right to vote survives incarceration
    • The Rule of Law - Miners pay rise is unauthorised
    • The Rule of Law – The government overreached when it banned the Communist Party
    • The Rule of Law - Even a murderer deserves a fair trial
    • The Rule of Law - The High Court limits Federal Government spending powers
    • Separation of powers – Well may we say, “God save the Queen”
    • Separation of powers – The powers of State Courts
    • Separation of powers – Parliament cannot make laws to keep evidence from the High Court
    • Federalism – Engineers Union succeeds in the High Court, expanding Federal power
    • Nationhood - The Constitution saves the Franklin River
    • Rights - NSW Government compulsorily acquires wheat during World War I
    • Rights - High Court overturns 200 years of common law
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      • Lesson Resources ACHASSK134
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Aboriginal dancers commemorating the 40th anniversary of the Aboriginal Tent Embassy in 2012. Source: National Library of Australia

PRINCIPLE 6: RIGHTS

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​The Constitution defines and protects express rights in relation to freedom of religion, discrimination between the States, the right of Australian citizens to trial by jury, free trade among the States and the acquisition of property.

​Australians also have implied rights derived from the interpretations of the Constitution, such as the democratic right of the freedom of political communication and certain voting rights.

​Why don’t we have many Constitutional rights?
The world has changed significantly since Federation. Rights are now at the forefront of many people’s mind. However, the Australian Constitution contains very few written rights. It was a deliberate decision of the writers of our Constitution to trust the democratic process to protect rights.

How does the High Court protect our rights?
Native title property rights were developed by the High Court through the common law. The Court also found certain implied democratic rights within the Constitution. If you are directly affected by a law, you can ask the Court to determine whether the Constitution allows it.

Do Parliaments also protect our rights?
Parliaments around the country have passed many laws which can protect people’s rights, such as anti-discrimination legislation. But individual rights also have to be balanced against community needs, and with rights come responsibilities.

What are my responsibilities?
Responsibilities are not found in the Constitution, but they are part of our law and culture. They include things like the obligation to vote, the importance of being informed about what is happening in the community, obeying the law, and important values like respect and tolerance.

How else am I protected by the Constitution?
Our Constitution is structured to protect our system of government. These protections mean we don’t have to worry about our country becoming a dictatorship. Only the courts can exercise judicial power. The Government cannot lock up their opposition and throw away the key!

Click here to download a PDF of Principle 6: Rights in detail

Click here to read about the Rights High Court case - High Court overturns 200 years of common law

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At the law courts. Source: State Library of Victoria
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Faith Bandler (1951) fought tirelessly for Aboriginal rights. Source: National Library of Australia
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​​Telephone: 1800 009 855
Exhibition Address: High Court of Australia, Canberra 
email: info@australianconstitutioncentre.org.au
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​
  • About Us
  • The Australian Constitution
    • What is the Australian Constitution
    • The Writers of the Australian Constitution
    • The Australian Constitution
  • Origins of the Constitution
    • Where did the Australian System of Government come from?
    • Timeline
  • The Six Principles
    • Democracy
    • The Rule of Law
    • Separation of Powers
    • Federalism
    • Nationhood
    • Rights
  • The High Court
    • The First High Court
    • The Role of the High Court
    • Democracy – The Right to vote survives incarceration
    • The Rule of Law - Miners pay rise is unauthorised
    • The Rule of Law – The government overreached when it banned the Communist Party
    • The Rule of Law - Even a murderer deserves a fair trial
    • The Rule of Law - The High Court limits Federal Government spending powers
    • Separation of powers – Well may we say, “God save the Queen”
    • Separation of powers – The powers of State Courts
    • Separation of powers – Parliament cannot make laws to keep evidence from the High Court
    • Federalism – Engineers Union succeeds in the High Court, expanding Federal power
    • Nationhood - The Constitution saves the Franklin River
    • Rights - NSW Government compulsorily acquires wheat during World War I
    • Rights - High Court overturns 200 years of common law
  • Resources
    • Australian Constitution Centre Resources
    • FAQs
    • Glossary
    • Take the Knowledge Quiz
    • Introduction to the education program
    • Lesson Plans >
      • Lesson Resources ACHASSK134
    • Links to other relevant organisations