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However, when one dissects the constitution, it becomes increasingly evident that constitutional implications are not an effective way of protecting individual rights and freedoms, and the only way to achieve this is through a bill of rights.
This is not to say that our constitution bears completely no recognition of rights , as there are some provisions that do in fact recognize certain rights and freedoms for individuals. This includes s116, s80 and s41 .
The Australian constitution amongst its express rights also contains implied rights, and the adequacy of these implied rights is rather debatable, as it becomes increasingly apparent that the extraction of our individual rights and freedoms from constitutional implications is an inconsistent and primitive way of dealing with rights, as the essence is lost somewhere down the track, and we find our freedoms being questioned and removed at the hands of the judicial system...
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