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What comes before a Bill of Rights?

By Micheil Brodie - posted Wednesday, 15 November 2000


Finally, people actually have to be able to access the necessary resources and information to make the bill a contestable or enforceable document. Part of why the preconditions don’t exist in Burma is because Aung San Suu Kyi and her supporters have no capacity to go to the courts and claim their free speech is limited. People without the literacy to read a Bill will not know it has been infringed.

This last condition is something of a rehash of the others because it is the interaction of them, as well as a whole range of societal preferences for fair and equitable solutions to the problems of Governance, that a Bill of Rights addresses.

This all means that the Bill, whatever it looks like, is only as good as the existence of these preconditions. The English Bill only worked for the rich in England: it was part of the reason for the American rebellion in the first place.

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Australia has a set of conditions that would lead to an effective Bill of Rights but the question is: would the Bill undermine the preconditions?

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Micheil Brodie is a contributing editor to On Line Opinion.

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