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Bill Of Rights Amendments 11 27

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Australia is the only common law country with neither a constitutional nor federal legislative bill of rights to protect its citizens, although there is ongoing debate in many of Australia's states. In 1973, Federal Attorney-General Lionel Murphy introduced a human rights Bill into parliament, although it was never passed. In 1984, Senator Stephen Bunce drafted a Bill of Rights, but it was never introduced into parliament, and in 1985, Senator Lionel Bowen introduced a bill of rights, which was passed by the House of Representatives, but failed to pass the Senate. Former Australian Prime Minister John Howard has argued against a bill of rights for Australia on the grounds it would transfer power from elected politicians (populist politics) to unelected (constitutional) judges and bureaucrats. Victoria, Queensland and the Australian Capital Territory (ACT) are the only states and territories to have a human rights Act. However, the principle of legality present in the Australian judicial system, seeks to ensure that legislation is interpreted so as not to interfere with basic human rights, unless legislation expressly intends to interfere.

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