Discuss about the Constitution Broadcasting Corporation System.
Constitution is considered as set of rules through which country is governed, and such rules may be derived from traditions or from law. However, these rules were written down in law or number of Management. There are number of countries in which ordinary laws form the constitution and it becomes easy to change the constitution like other laws, but there are number of countries in which law forming the constitution has special status.
In Australia, constitution has special status and because of which it is not possible to change the constitution in the same way in which other laws can be changed. Constitution of Australia is considered as supreme law which has power to override other laws.
In this essay we examine the constitutional method of Australia, and also critically examine the constitutional method and characterization. Subsequently, paper is concluded with brief conclusion.
Constitution of Australia is generally included express rights and rights implied from constitutional text and structure. Generally, it is stated that constitution defines the rights which are implied from fundamental underlying doctrines. These rights are categorized in two forms that are express rights and implied rights.
There are number of provisions in the Australian constitution which are known as express rights, and some of these provisions are stated under section 166 which prevents the commonwealth of Australia to establish any religion or prohibit free exercise of religion, section 80 which states about trial at jury if offence is tried on indictment, section 51 which provide power to common wealth to acquire property on requirement to provide just terms, and section 117 which prevents the discrimination on the basis of state residence.
Another form of constitutional rights under constitution of Australia arises from interpretation method which is known as implication from text and structure and these rights are known as implied rights.
Critical evaluation of rights:
It must be noted that these rights are stated by constitution of Australia, but it has been proved week mechanism to protect these rights. Some of the issues related to method of constitution are stated below:
Concept related to interpretative disagreement is considered as most obvious interpretation which is used for implication of rights stated under constitution, and based on fundamental doctrines of common law and other factors which are not expressed management. Because of this Court never accept the interpretation of these rights fully, and if any right is implied in this manner then it only been sporadic.
Interpretation of constitution is also complicated because of disagreements related to the method of interpretation, and even though method related to interpretation of constitution is accepted then particular development of doctrines is likely to remain disputed. This concept is well explained by taking reference to the implication related to political communication. In this first judgments recognize the freedom related to political communication which stressed the legitimacy and prior use of the method of constitutional implication. It must be noted that it is really controversial to interpret the freedom of political communication because it contravenes the original arguments. Even those judges who have accepted this method of interpretation have some doubts and they are also inspired by original concerns. This interpretation is applied in various cases such as Theophanous v The Herald & Weekly Times in which doubt was raised on immediate basis and this interpretation is revised in Lange v Australian Broadcasting Corporation.
Governments of common wealth only have power to make laws and this power is stated under section 51 of the constitution. On the ground that Federal parliament has no power to pass the law, and it is not a law as per section 51 of the constitution. Therefore, there is need that High Court must interpret both the impugned law and this section of constitution stated in question for the purpose of resolving the matter. In other words, characterization of Australian constitution is the question which determines whether law passed is fall under the head of section 51.
For being valid it is necessary that commonwealth law characterized under the head of power stated under section 51 of constitution.
After considering the above facts, it is clear that there are number of issues which are related to the interpretation of constitution and characterization of constitution such as Concept related to interpretative disagreement is considered as most obvious interpretation which is used for implication of rights stated under constitution, and based on fundamental doctrines of common law and other factors which are not expressed.
Parliament of Australia, Infosheet 13 - The Constitution, < https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/00_-_Infosheets/Infosheet_13_-_The_Constitution>, Accessed on 5th October 2017.
Adrienne Stone, Stone, Adrienne --- "Australia's Constitutional Rights and the Problem of Interpretive Disagreement"  SydLawRw 2; (2005) 27(1) Sydney Law Review 29, < https://www.austlii.edu.au/au/journals/SydLRev/2005/2.html>, Accessed on 5th October 2017.