Earlier this week, the National Human Rights Consultation Committee in Australia submitted its final report to the Australian government about whether Australia should adopt a national statutory rights charter, and if so, in what form– see Earlier this week, the National Human Rights Consultation Committee in Australia submitted its final report to the Australian government about whether Australia should adopt a national statutory rights charter, and if so, in what form– see http://www.humanrightsconsultation.gov.au/
What the government ultimately chooses to do in this context will be of significant comparative interest because Australia is currently one of the only constitutional democracies without a comprehensive written rights charter – and thus an interesting test case for the hypothesis of increasing constitutional convergence (see e.g. interesting recent work on this issue by David Law and Mark Tushnet).
The Consultation Committee’s report, however, is also of independent interest for what it reflects about the breadth of current commitments, across the globe, to extensive community consultation in the drafting of constitutional or even quasi-constitutional documents. Unlike in many post-conflict settings such as Iraq and Afghanistan (for a great treatment of consultation in this context, see e.g. recent work by Jennifer Widener), widespread consultation in this context in Australia was not a political necessity – but rather a clear choice. It was also, to my knowledge, far more extensive and interactive than any previous such process in Australia – lasting almost 8 months and involving a 3 day public hearing in the capital, 66 community roundtables in 52 locations and 35,000 written and online submissions (including one from this author).
What the Australian community ultimately said in this process will also be extremely interesting to read, and understand, when the government finally releases the Committee’s report – as a test case for the more general possibility of truly meaningful and informed community consultation on constitutional issues.