Rights and Freedoms under the Australian Constitution: What Are They and Do They Meet the Needs of Contemporary Australian Society?

The Australian Constitution is one of the six oldest written constitutions in the world. In approximately 12,500 words it prescribes a system of representative and responsible government, united under the Crown, which has presided over 117 years of relative stability. In its succinctness - and as a product of the context in which it was written - the Constitution does not contain a multitude of express rights and freedoms, many of which are now considered essential to a functioning and democratic citizenry. In examining the rights and freedoms that the Constitution does purport to guarantee, this essay will consider the gap between that which is provided, and that which contemporary Australian society needs. It will then further consider whether that gap can be bridged; what role (if any) the Constitution has to play in that process and - perhaps most importantly - why it all matters.