It is not a view widely held in Canberra. Already, in Australia today there is no ascertainable line of division between the powers of the Commonwealth and those of the States - potentially the Commonwealth can invade any field of governmental activity, and has invaded many, with a cumbrous and expensive duplication of bureaucracies. It is almost certain that the new Constitution which those who initiated the movement for change would like to see in place would make it easier, rather than more difficult, for the Commonwealth to diminish the authority of the States. A new Constitution may still be a federal one, but if the reformers have their way it may provide for federalism of a kind in which the powers of the States are even more attenuated than they are at present. It has been made clear by those who wish to rewrite the Constitution that they would strongly support another change -the inclusion of a guarantee of basic rights.
Bills of rights are in fashion at the moment.
The Australian Constitution does give constitutional protection to the democratic institutions of the Commonwealth, but otherwise contains only a rudimentary guarantee of rights. Nevertheless, although the legislative and administrative acts of the Commonwealth and the States would not always pass the tests that would be applied under a bill of rights, the people of Australia enjoy as much freedom as exists in any country whose constitution contains an elaborate guarantee of rights. At first sight it might appear that a bill of rights could do nothing but good, securing liberty and justice. A little thought will show that it would have disadvantages as well as advantages. Perhaps the greatest disadvantage is that no human mind can foresee the effect which a court may ultimately give to general words intended to guarantee a right.