USQ Law Society Law Review Summer 2020

Page 27

INDIVIDUALS HAVE CONSTITUTIONAL RIGHTS BUT CAN JUDGES ALSO CONSIDER NATURAL RIGHTS

rights legislation, in the form of a bill of rights, even though they are a signatory to forty-nine different human rights treaties.45 Finally, it should be clear that, lacking a bill of rights, but having a constitution, means the Australian judiciary can and should consider natural rights when determining constitutional rights. For, as it currently stands, natural rights may be the only rights protection many Australians have. Until such time as there is an irresistible groundswell of public opinion, that forces the enshrinement of universal natural rights into legislation, the judiciary will hopefully continue to have the fortitude to protect the people through the application of natural rights.

45

http://www.info.dfat.gov.au/Info/Treaties/Treaties.nsf/WebView?OpenForm&Seq=2.

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