Il modello australiano di tutela dei diritti e le scelte di bilanciamento nella gestione delle situazioni di emergenza

The Australian Constitutional Order is characterized by a peculiar model of fundamental rights recognition and protection which has a strong impact on the management of emergency situation

Abstract

In Australia there is not a federal Bill of Rights and the  jurisprudence of the Supreme Court played a very important role on the evolution of a very special system of protection of rights. Australian constitutional history shows different examples of federal and state law introducing restrictions to civil rights because of security needs. International terrorism, immigration and, last but not least, the sanitary crises caused by Covid19 pandemia give us examples of how the Australian constitutional order works in balancing individual rights and public security.