Government Effectiveness in Protecting Our Freedom - Assignment Example

Government Effectiveness in Protecting Our Freedom Student’s name: Instructor’s name: Institution’s name: Date of submission: “Are governments effective at protecting our freedoms by protecting us from each other?” Introduction This essay will discuss whether governments are effective at protecting our freedom by protecting us from each and the main focus will be the Australian government. The Australian human rights commissions act 1986 details the powers and functions of Australian human rights commission as the common wealth agency responsible for monitoring and promoting human rights protection. The commission also has responsibilities under the ratio discrimination act 1975, sex discrimination act 1984, the disability discrimination act 1992 and the age discrimination act 1996 (Andersen, 2001). The principle of non- discrimination is a fundamental one in human rights law and all human rights should be enjoyed by everyone regardless of factors such as race, sex and disability. Anti-discrimination laws including those implemented by the commission are well accepted in Australia. Allegation of discrimination in employment, education, housing, services and public places can be investigated by the commission.All human rights should be protected and there is no hierarchical order amongst them. Responsibility, anti-discrimination laws, human rights and freedom, has been at the center of an ideological debate on how to protect fundamental freedoms, including freedom of speech, freedom of association and freedom of detention without trial, and thus the Australian law must legislate to protect them. The Australian human rights commission has emphasized anti-discrimination laws over the core freedoms that are vital to democracy (Copstead and Banasik, 2005). A significant amount of the commission’s work reflects the registration that is required to implement. Its powers are limited to the failure of respecting federal government to enact fundamental freedoms in the Australia law. It’s little under stood that Australia is unique among comparable legal system in that they have few constitutional or legislative protections for the freedoms that we take for granted and which for the most part are protected in our daily lives. Australia has not implemented the human rights principles set out in the International Covenant on civil and political rights1966, including freedom of speech, and freedom from arbitrary detention (Peter, 2010). Australia has taken an individual part to protect fundamental freedoms through national laws, the common law and cultural conventions. The country has relied on its judges to apply principles that have been developed at common law under many centuries, on a case-by- case basis since 1915. Effectiveness of Australian government protecting the freedoms of people by protecting them from each other The Australian government does its best to make sure that all people are lawfully protected by the government from other individuals who may cause harm or be violet to others. People need more laws, not fewer, to protect their freedoms. Individuals can complain to the commission about human rights violation but only if the complainant is about conduct by or on behalf of the common wealth (Maurice, 2003). Even if the common wealth is found to be in violation of human rights, no Australian court can award a remedy. The commission only has power to report to parliament with recommendation and the government is under no obligation to adopt the recommendation. Australia has recently been urged by international human rights monitors to rethink the implementation of human rights in Australia since there are still areas in which the domestic legal system does not provide an effective remedy to persons whose rights under the international covenant on civil and political rights have been violated. The Australian people depend heavily on the tools of democratic government to protect people’s rights and freedom as well (Nelly, 2004). The government is doing all that it can to protect the freedoms of people from each other. The government has constitutions and institutions that enable them to effectively protect human rights and freedoms. The rights and freedoms depend heavily on active government and on positive actions. Formal rights do not exist until they are created by law or established in constitutions. The Australian human rights are protected in different ways and the Australian government has no bill of rights to protect human right in a single document, rather rights may be found in the constitution, common law and registration acts past by the common wealth parliament or state or territory parliament (Peter, 2010). There are 5 explicit individual rights in the constitution that is the right to vote, protection against acquisition of property on unjust terms, the right to a trial by a jury, freedom or religion and prohibition of discrimination on the basis of states of residency. The Australian adoption of the bill of rights is to make direct human right jurisprudent that was developed internationally. The bill of rights is to provide confidence in the effectiveness of parliamentary responsible government and the common law for protecting human rights (Paul, 2006). The bill of rights there for remains as stirring embodiment of the democratic ideals which is an inspiration to free men everywhere and those who would be free. The bill of rights was not intended to prevent the government from maintaining the nation’s integrity against subversion or attack. For example the right of people to keep and bear arms which is guaranteed in the bill of rights gives no license for the building up of an armed revolutionary movement with our boarders. Accordingly the government has enacted laws from time to time against espionage sabotage and other internal threats to national safety. And each of these laws places some restriction on individual liberty for the protection of the nation. The laws are designed to prevent activities which would undermine the nation’s safety and independence (Thomas, 2004). To protectors againstactivities such as espionage sabotage and other acts, people must rely primarily upon government action and thus the Australian government must have effective internal security measures to prevent acts which threaten people and the national safety. The Australian government has measures that accurately device to meet real dangers. The government has a set of laws also that govern immigration, naturalization and travel between the country and others, and these laws permit the government to exclude or depot any alien from the country who may be dangerous to Australian people and to the internal security (Reid, 2004). Under the leadership of the national Security Council, the agencies of the Australian government which administer the internal security laws keep the enacted laws under constant study to determine whether farther changes are required to provide adequate protection. By building upon the frame work on basic laws against subversive activities the Australian government can provide effective protection against acts which threaten violence to people, to the government or to other institutions and this is done without violating the fundamental principles of the constitution. People should therefore be on guide against other people who may threaten their peace or cause violence. The Australian’s common law was inherited from United Kingdom and it is often called the judge-made law which is made in parliament (Smith, 2009). In the Australian government, many protections that can be identified as human rights are protected by the Australian judges applying common law. The government has measures that devise to meet real dangers concerning the protection of people’s freedom. And these measures do not go beyond restricting our liberty unnecessarily. The measures strike at the freedom and dignity of the individual which are the very foundation of our society and the defense of which is the whole purpose of our security measures (Terry, 2002). The various laws and procedures that the government has stipulated make up a strong set of legal safeguards against acts by individuals and groups which strike violence to others. There are laws which make it a crime for two or more people to conspire or advocate for violence, to organize any group for the purpose of destroying other people’s freedom or peace. Conclusion The Australian human rights commissions act 1986 details the powers and functions of Australian human rights commission as the common wealth agency responsible for monitoring and promoting human rights protection.Australia government has taken an individual part to protect fundamental freedoms through national laws, the common law and cultural conventions. To build real security for the country every citizen should help. Most Australian assume that their fundamentals freedoms are protected when in fact our legal systems only does so in piecemeal fashion. We must legislate to fully protect them. Everyone in public life has the responsibility to conduct himself so has to reinforce and not undermine the internal security and the basic freedoms. The Austrian government press and the radio have the same responsibility. Private groups of all kinds and citizens in their daily work and in their homes are equally concerned with the question of protecting our liberties and our national security. We must all act soberly and carefully in keeping our great traditions not only to our own country but to the success of the cause of freedom in the world. The best answer to it is not words but deeds. We must demonstrate that we are a country in which men can live together and advance together as a free society. Success in achieving both this objectives is of exceptional importance in the present period of international tension. For by our actions we must maintain as a strong, free people, confident in our liberties and moving forward with other free people to oppose aggression and to build a just peace for all mankind. References Andresen, N. C. (2001). The management and leadership strategies in various governments. Oxford, England: Oxford University Press. Copstead, L., & Banasik, J. (2005). Analysis of how various governments solve health, social and environmental issues and address them in their annual reports (3rd ed.). Philadelphia, PA: Saunders. Maurice, J. (2003). Strategies to handle to environmental and health issues in Australia. Oxford, England: Oxford University Press. Nelly, B. C. 2004. The management and leadership strategies in Australia. Oxford, England: Oxford University Press. Peter, J. (2010). Contributions of Australian government to the well being of different people in the World. Penrith, Australia: University of Western Sydney. Paul, N. C. (2006). The effectiveness of management approaches of the Australian Government. Oxford, England: Oxford University Press. Reid, L. (2004). Strategies for sustainable growth outlined by community organisations in the Australia (4rd ed.). Philadelphia, PA: Saunders. Smith, J. (2009). Contributions of Australian Government to global development. Penrith, Australia: University of Western Sydney. Terry, N. C. (2002). The effectiveness of management approaches of the Australian Government. Oxford, England: Oxford University Press. Thomas, L. ( 2004). Strategies for sustainable growth outlined by community organisations in the Australia (4rd ed.). Philadelphia, PA: Saunders. Read More