Victoria's parliamentary bill of rights as reflective of the limits of a liberal democracy

What is it about?

This article considers the most recent Review of the Victorian Charter of Human Rights and Responsibilities and the Victorian government’s response to its recommendations. While a parliamentary bill of rights is arguably a more democratic bill of rights than a judicial or constitutional model, the Review revealed that the Charter had, to date, been unable to drive a human rights culture and there remained a number of obstacles to providing effective redress for rights violations. The article argues that the Charter, in terms of its design and operation, is a ‘soft’ model of rights regulation which reflects a liberal political culture buttressed by an unquestioned faith in certain ideas and institutions which act to limit the Charter’s potential to protect and promote rights. The limited response from government to the Review’s recommendations further supports this interpretation.

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Why is it important?

It helps to explain the obstacles within a parliamentary bill of rights to achieving effective rights redress.

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