Active learning ideas
Australia is unique among Western democracies because it lacks a federal Bill of Rights. This topic explores how human rights are instead protected through a patchwork of the Constitution, common law, and statute law. Students investigate 'express' and 'implied' rights within the Constitution, such as the implied right to freedom of political communication. They also examine landmark statutes like the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984.
Activity 01
The class is divided into 'Pro-Charter' and 'Anti-Charter' teams. They must use evidence from other jurisdictions (like Victoria or the UK) to argue whether a federal charter would improve justice in Australia.
How does the Australian Constitution protect human rights?
Activity 02
Stations are set up for Constitution, Common Law, and Statute Law. Students must find one specific right protected by each source and explain a limitation of that protection.
What is the role of common law in rights protection?
Activity 03
Students read a summary of the 'Lange' case. They discuss with a partner how the High Court 'found' a right that wasn't explicitly written in the Constitution and what this means for the power of judges.
Should Australia adopt a federal Charter of Rights?
A few notes on teaching this unit
Watch Out for These Misconceptions
The Australian Constitution has a list of rights like the US Bill of Rights.
The Australian Constitution has very few express rights (e.g., right to trial by jury for indictable offences). A 'scavenger hunt' through the Constitution helps students see how limited these explicit protections actually are.
Common law is the strongest way to protect rights.
Common law can be overridden by any Act of Parliament. Using a 'case study' where a statute changed a common law right (like privacy or protest) helps students understand the hierarchy of laws in Australia.
Methods used in this brief
Evolution of Human Rights
Students trace the historical development of human rights and the creation of international human rights documents. They examine the universal and inalienable nature of these rights.
8 methodologies
International Human Rights Enforcement
This topic evaluates the role of state sovereignty, the United Nations, and international courts in promoting and enforcing human rights. Students analyse the limitations of international law.
8 methodologies