[1] Sir Anthony Mason, "A Bill of Rights for Australia - But Do We Need It?", (1995) 32 Briefing; Australian Institute of Jewish Affairs Inc 1 at 2.

[2] Final Report of the Constitutional Commission, 435-888 (1988); and draft Bill No 17 for "An Act to Alter the Constitution so as to guarantee certain rights and freedoms" at 1018-1021

[3] Alston, P (1994) "An Australian Bill of Rights: By Design of Default?", in Towards an Australian Bill of Rights, Ed. Alston, P., Centre for International and Public Law, Canberra and Human Rights and Equal Opportunity Commission, Sydney 1 at p.3

[4] Constitutional Centenary Conference, Sydney (April 1991)

[5] Doyle J. & Wells B., "How Far Can the Common Law Go Towards Protecting Human Rights?", in supra n. 3 at p. 109

[6] (1991) 171 CLR 468 at 478 per Mason CJ, Deane, Gaudron and McHugh JJ

[7] Ibid at p.486

[8] (1989) 168 CLR 23

[9] Barton v The Queen (1980) 147 CLR 75 at p.111 per Wilson J

[10] (1992) 177 CLR 292

[11] Ibid at p.323-324

[12] Mabo v Queensland [No 2] (1992) 175 CLR 1 at p.42 per Brennan J

[13] Mabo v Queensland [No 2] at p.42

[14] At p.31

[15] (1995) 69 ALJR 424

[16] Ibid at pp.430-431

[17] Supra n. 5 at p.107

[18] Supra n. 5 at p.116. The tendency of material published before trial to prejudice a fair trial led to a finding of contempt in Hinch v Attorney General of Victoria (1987) 164 CLR 15. A different balancing of interests led to the conclusion that the directions given by the trial judge about that same material meant that the trial which took place was not unfair: Glennon v The Queen (1992) 173 CLR 592. It was held that there was no need to stay the trial

[19] [1979] 1 All ER 898

[20] Ibid at p.922

[21] Ibid at p.927

[22] Ibid at p.922

[23] The Hon Justice McHugh, The Law-Making Function of the Judicial Process: Part II (1988) 62 ALJ 116 at p.127

[24] Supra n. 5 at p.110

[25] Galligan, B (1993) "Protection of Rights", in Constitutional Centenary at p.17 cited in supra n. 3 at p.6

[26] Taylor, L "Minorities Rights Irk Most: Mabo Minister", The Australian (16 June 1994) cited in supra n. 3 at p.1

[27] Hirst, J (1994) A Republican Manifesto, Oxford University Press: Sydney at p.30 cited in supra n. 3 at p.6

[28] Mason, Sir Anthony, (1986) "The Role of A Constitutional Court in A Federation. A Comparison of the Australian and United States Experience", The Federal Law Review, Vol. 16, 28 at p.12 cited in Australia, Advisory Committee on the Individual and Democratic Rights Under the Constitution Report, Canberra AGPS, 1987 at p.13

[29] Charlesworth, H (1994) "The Australian Reluctance About Rights", cited in supra n. 3 at p.21

[30] The Hon Sir Anthony Mason, A Bill of Rights for Australia?; Address to the Australian Bar Association Bicentennial Conference (1988)

[31] The Hon Sir Gerard Brennan, The Impact of a Bill of Rights on the Role of the Judiciary: An Australian Response; Supra n. 3 at p.184

[32] Browne-Wilkinson (1992), "The Infiltration of a Bill of Rights" PL 397 at p.398-399 cited in Wright, A (1996), A Bill of Rights: Does it Matter?, Vol. 1, Conference Papers, New Zealand Law Conference, Dunedin, New Zealand 79 at p.79

[33] Commonwealth of Australia (1987)

[34] R v Archdall (1928) 41 CLR 128 at 139-140 per Higgins J

[35] Clyne v Director of Public Prosecutions (1984) 58 ALJR 493 at p.498

[36] (1984) 54 ALR 571 at p.585

[37] (1995) 69 ALJR 423 at pp.430-431

[38] A Constitutional Bill of Rights, in Baker, K: An Australian Bill of Rights, Pro and Contra, Institute of Public Affairs, 1986

[39] Parliament of Western Australia (1991), Joint Select Committee of the Legislative Assembly and the Legislative Council on the Constitution, Final Report, Vol. 1 at p.6

[40] Supra n. 33 at pp.26-27

[41] Burdekin, B (1994) "The Impact of a Bill of Rights on Those Who Need if Most", in Towards an Australian Bill of Rights, Ed. Alston, P., Centre for International and Public Law, Canberra and Human Rights and Equal Opportunity Commission, Sydney 147 at p.150

[42] Supra n. 3 at p.17