National Human Rights Consultation Submission 

AGWW-7Q3EZK 

Name: Natasha Sim 

Submission Text: 

Australia does not need a Human Rights Charter. The human
 
rights of citizens in Australia are already protected, and creating a
 
charter will only make these rights more susceptible to social engineering
 
and to a judiciary that is unelected and unaccountable to the public.
 

 
Codifying basic rights would allow unelected, unrepresented judiciary
 
members to make decisions that define our most basic freedoms. In deciding
 
cases brought on the basis of charter breaches, judges would inevitably
 
rule on the substance of citizens' fundamental rights. As contemporary
 
values inform the nature of human rights, judges would not necessarily be
 
constrained by precedent and rule of law, but rather form an opinion based
 
upon 'public policy' -- in essence, what the judge thinks has priority in
 
society. Yet, isn't this the domain of the elected and representative
 
legislature, not the courts? Parliament is, after all, the one best
 
positioned to understand the values of its electors! Such a situation would
 
irrevocably compromise the Constitutional separation of powers that
 
prevents exercise of absolute power by any one arm of government!
 

 
The parliamentary process also leaves charter rights open to determination
 
by minority groups, many of whom are supportive of 'rights' that are, at
 
best, controversial in the wider community. Inclusion of 'rights' that may
 
only be recognised as such by a minority group would effectively force
 
acknowledgement from individuals, sacrificing individual freedom of
 
expression to appease political groups. Conflict between 'group rights' and
 
'individual rights' makes this area highly unsuited for legislation and
 
adjudication, the operation of both being predicated upon consistency and
 
integrity.
 

 
Human rights are not protected by bills or charters. They are protected
 
through the separation of powers within a legal system and by the principle
 
of legality. The ability for citizens to question government actions and
 
vote them out prevents the State from encroaching upon basic freedoms. When
 
these elements are present, society is stable. When they are absent, no
 
amount of paperwork will prevent corruption and abuse of power. 

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