Towards a Democratic Bill of Rights

Abstract

This paper examines two different bill of rights models for Australia: the Dialogue model and a Democratic model. The Dialogue model aims to protect rights through a bill of rights, strong political review mechanisms, intergovernmental dialogue, and rights-based judicial review. The paper argues that, despite its popularity, there are serious problems with the legitimacy and effectiveness of the Dialogue model and it outlines an alternative model, a ‘democratic bill of rights’, which attempts to avoid these problems by strengthening democratic institutions and political review mechanisms without adopting rights-based judicial review. The paper concludes that a democratic bill of rights is likely to be an effective and more democratically legitimate way of protecting and promoting human rights in Australia.