Australian Federalism and the Debate Over a Bill of Rights

Abstract

Successive Australian Labor governments have tried to nationalize standards for the protection of rights either by means of a statutory bill binding on the states under the Commonwealth's much expanded external affairs power, or by further entrenching specific rights in the Constitution. All these attempts have failed for a variety of political and constitutional reasons including, importantly, the strength of Australia's established system of federalism and parliamentary responsible government. The article examines the constitutional issues underlying the debate over a bill of rights for Australia, arguing that Labor's attempts to implement a bill of rights have been inspired by a preference for more centralized government whereas the defeat of such initiatives indicates the established strength of Australian federalism.