Research Shows More to a Federal Charter of Rights Than Meets the Eye

Australian evidence shows that a national charter of rights would hinder democracy, argues a new report being released Thursday.

In Behind the Moral Curtain: The Politics of a Charter of Rights, CIS policy analyst Elise Parham argues that a federal charter of rights would be used by special interest groups as a powerful political tool.

‘A charter would hinder, not improve, Australian democracy’ she says.

Evidence emerging in the Australian Capital Territory and Victoria – which both have charters – shows that these laws are just another way for special interests to pursue their causes.

As those charters come up for compulsory review, we are seeing lobbyists start to reap the benefits of the seeds they sewed when the charters were first introduced. Reviews are considering expanding the type of rights protected.

‘Environmentalists, the pro-choice lobby, trade unions, sexual freedom advocates and religious organisations have all influenced the terms of the ACT and Victorian charters and what is to stop these special interest groups and more from influencing the federal charter?’

‘It is clear that a federal charter would allow a small group of political players to change the way of life for all Australians.’

‘There is also evidence that judges who are not applying charters with gusto will be trained to take a more activist approach. The 2009 review of the ACT charter has recommended training them on how to override parliament’s intention in making laws.’

‘If the government creates a national charter, they will be tying their own hands with unforeseeable consequences.’

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Elise Parham is a Policy Analyst at the Centre for Independent Studies. The report is edited by Research Fellow at the Centre, Dr Oliver Marc Hartwich. Both are available for comment.

The report is available at https://www.cis.org.au/policy_monographs/pm106.pdf

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