Limitation of a bill of rights (1 Viewer)

[miss_unsquiggle]

hey guys
what would a limitation of a bill of rights be?
its probably a dumb question but i can't find it anywhere

 

[miss_unsquiggle]

its ok i just found some
if anyone else is looking for it there's a paper by justice kirby at
http://www.lawfoundation.net.au/resources/kirby/papers/19971214_austlaw.html

 

[:: dreami ::]

hey guys
what would a limitation of a bill of rights be?
its probably a dumb question but i can't find it anywhere

simply put...

if we implement a bill of rights: it would be harder to change, say for example, the right to protect oneself with arms in USA - this creates more deaths than protects and has been in place since 1700's and hasnt been altered because of its complexity.

 

[kelboo]

True, true ^^^^^ but also, other arguments against an Aussie Bill of Rights include:

-- That rights are already well protected in Australia (no need therefore to change this)
-- The political system itself is the best protection of rights
-- The judiciary would become politicised
-- It would be very expensive given the amount of litigation that could then be generated.


A bill of rights is secure and cannot be easily changed (similar to the difficulty in changing the constitution - must have a national referendum). Limitations therefore could be anything relating to this:... i.e. cost of forming and then making necessary amendments to it etc etc.


There are a few other minor points, but the above are the ones you probably should include.

There ya go hun xx

 

[miss_unsquiggle]

thanks guys thats really helpful

 

[kingbuddha]

A bill of rights is secure and cannot be easily changed (similar to the difficulty in changing the constitution - must have a national referendum). Limitations therefore could be anything relating to this:... i.e. cost of forming and then making necessary amendments to it etc etc.

What about a statutory bill of rights? That can be changed with different governments

 

[cameron0110]

What about a statutory bill of rights? That can be changed with different governments

Yeah but then the limitations of that is that it can be manipulated by parliament and its too easily changed without consensus of the people.

 

[Gemstone]

Bill of rights can be either statue or put in the constitution. If it's statue it's much eaier to change as it's just like making ammendments to normal statue law. If it's in the constitution like the US one then it's harder to change. It can also be just a set of principles but that has no legal force. All of them have limitations though.

 

[kingbuddha]

Yeah but then the limitations of that is that it can be manipulated by parliament and its too easily changed without consensus of the people.

Thats exactly my point... i just wanted to point it out incase ppl thought only of a constitutional bill of rights which is hard and costly to change