|
Re: The definitive Constitutional rights and freedoms comparison thread.
Quote:
Originally Posted by rosemary
So is there any recourse if your government were to enact law that violated some people's freedoms, but garnered popular appeal?
If this is too off-topic just let me know. You just piqued my curiosity in Australia's government, so I figured I would ask.
|
If I may.
The recourse is to the courts. Issues of constitutionality and legality would go to the High Court of Australia which would sit not as an appellate court but in its original jurisdiction - constitutional questions being referred to the HCA. The HCA would then look at the Constitution (not that helpful, it's not the sort of document that the US constitution is. But the HCA would also look to precedents in English law which are applicable, especially in terms of rights. Constitutional decisions in English law are persuasive in our laws and our HCA would give them more than a nod of acceptance.
__________________
"There were no D-Day Heroes in 1973" - Cold Chisel Khe Sanh
|