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Human rights in Australia
Human rights in Australia have largely been developed under Australian Parliamentary democracy, and safeguarded by such institutions as the Australian Human Rights Commission and an independent judiciary and High Court who apply the Common Law, the Australian Constitution and various other laws of Australia and its states and territories. Universal voting rights and rights to freedom of speech, freedom of association, freedom of religion and freedom from discrimination are protected in Australia. As a founding member of the United Nations, Australia assisted in the drafting of the Universal Declaration of Human Rights and it is signatory to various other international treaties on the subject of Human Rights. Australia is the only democratic country in the world without a national bill of rights of some kind.〔(【引用サイトリンク】title=Williams, George - "The Victorian Charter of Human Rights and Responsibilities: Origins and Scope" [2006] MelbULawRw 27; (2006) 30(3) Melbourne University Law Review 880 )〕
Contemporary Australia is a liberal democracy and heir to a large post-World War II multicultural programme of immigration in which forms of racial discrimination have been prohibited. As a former British Colony, Australia's historical approach to Human Rights has been subject to the inheritance of its Colonial past – thus notions of the rights and processes established by the ''Magna Carta'' and the ''Bill of Rights 1689'' were brought to Australia by British colonists. By the 1850s, Australia had become a laboratory for Western democracy: Australian colonies were among the first political entities in the world to grant male (1850s) and female suffrage (1890s) and old age pensions and a minimum wage were established around the turn of the century. Capital punishment in Australia has been formally abolished. Vestigial laws discriminating against Aboriginal Australians were eradicated in the 1960s, and major recognitions of injustice towards Aboriginal Australia have been offered by Australian governments and courts throughout recent decades.
==Australian Constitution==
The Australian Constitution took effect on 1 January 1901. It includes details on the composition, powers and processes of the Australian Parliament and how federal and state Parliaments share power within Australia. It contains several express and implied protections of human rights – though it does not contain a Bill of Right as contained in the United States Constitution. It can only be altered by referendum. Civil and political rights and liberties expressly provided by the Constitution are: ss 41 (right to vote), 80 (right to jury trial for indictable offences), 116 (freedom of religion) and 117 (freedom from discrimination on the basis of State residence). Economic rights provisions are s 92, which protects freedom of interstate trade, commerce and intercourse; s 51(xxiiiA), which prohibits civil conscription in relation to medical and dental services; and s 51(xxxi), which empowers the Commonwealth government to acquire property "on just terms".
Since 1992 decisions of the High Court of Australia have held that there is a further "implied restriction" on the exercise of government power within the Constitution such that executive and legislative power may not unduly impede communication on matters concerning politics and government (known as the "implied restriction regarding political communication").〔See, e.g., ''Lange v Australian Broadcasting Corporation'' () HCA 25; (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818 (Austlii )〕
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