Structural Protection:
Structural protection is one means by which the Constitution attempts to protect democratic human rights. Structural protection refers to the frameworks that exists within the Constitution to indirectly safeguard our rights. Here, this refers primarily to the doctrine of separation of powers whereby legislative, executive and judicial functions are divided amongst different branches to ensure a system of checks and balances and minimise corruption. Secondly, the existence of the principle of representative government found within S7 and S24 of the Constitution requiring members of parliament to be 'directly chosen by the people' ensures that MPs are there to uphold our views in parliament and make laws to reflect our wants and needs. If this does not occur, they face not being re-elected. The requirement of responsible government means that members of parliament must also be held accountable for their actions and their actions must be transparent to the people. This diminishes the opportunity for parliament to oppress or restrict our rights. Furthermore, the existence of the High Court ensures that any legislation passed by parliament that conflicts with our rights in the Constitution will be made invalid. Also the bicameral structure of parliament and the existence of an Upper House ensures that all bills go through a process of adequate review.
Through the presence of these mechanisms, the Constitution ensures that our rights are indirectly safeguarded.
Structural protection is one means by which the Constitution attempts to protect democratic human rights. Structural protection refers to the frameworks that exists within the Constitution to indirectly safeguard our rights. Here, this refers primarily to the doctrine of separation of powers whereby legislative, executive and judicial functions are divided amongst different branches to ensure a system of checks and balances and minimise corruption. Secondly, the existence of the principle of representative government found within S7 and S24 of the Constitution requiring members of parliament to be 'directly chosen by the people' ensures that MPs are there to uphold our views in parliament and make laws to reflect our wants and needs. If this does not occur, they face not being re-elected. The requirement of responsible government means that members of parliament must also be held accountable for their actions and their actions must be transparent to the people. This diminishes the opportunity for parliament to oppress or restrict our rights. Furthermore, the existence of the High Court ensures that any legislation passed by parliament that conflicts with our rights in the Constitution will be made invalid. Also the bicameral structure of parliament and the existence of an Upper House ensures that all bills go through a process of adequate review.
Through the presence of these mechanisms, the Constitution ensures that our rights are indirectly safeguarded.