Towards a Democratic Bill of Rights

Constitutional Design and Australian Exceptionalism in the Adoption of National Bills of Rights

“…Although Commonwealth countries generally have parliamentary systems, there are significant variations in their constitutional arrangements. These set limits to the transferability of institutional innovations which, as we have shown, are particularly severe in the case of Australia and the forms of rights protection identified by Gardbaum and Hiebert. Within Australia, constitutional obstacles to adopting foreign models off the shelf may prompt greater recognition of the distinctiveness of Australian political institutions and interest in the development of more complementary means of enhancing rights protection (note Barry and Campbell, 2011). Decisions taken by the Rudd government in 2010, aimed at creating a more rights-sensitive legislative process, could be seen as a move, if only a partially conscious one, in that direction.…”

“…Within Australia, constitutional obstacles to adopting foreign models off the shelf may prompt greater recognition of the distinctiveness of Australian political institutions and interest in the development of more complementary means of enhancing rights protection (note Barry and Campbell, 2011). Decisions taken by the Rudd government in 2010, aimed at creating a more rights-sensitive legislative process, could be seen as a move, if only a partially conscious one, in that direction.…”