ABSTRACT

In many countries, fundamental freedoms are protected by a Bill of Rights, which usually takes the form of a constitutionally entrenched document stating fundamental freedoms, contrary to which the legislature may not legislate and the executive may not act, and empowering the courts to invalidate legislation and conduct which infringe the Bill of Rights. Australia does not have such a document. However, this does not mean that the fundamental freedoms are wholly unprotected.