In Australia, common law rights can be overlooked due to the absence of a Constitutional Charter or Bill of Rights, which means that legislative actions may sometimes override these rights or ignore them without sufficient scrutiny or wider consideration. However, common law courts still hold the power to protect fundamental rights unless explicitly limited by legislation.
This publication by Cassandra Le Good & Professor Azadeh Dastyari from the Human Rights Law Centre provides the history of a struggle by some to have in place a Constitutional Charter or Bill of Rights and those that have opposed this step in our evolving democracy:
2510-HRA-Human-Rights-Acts-from-Whitlam-to-Now-Report
