The 'pleasant fiction' of a rules-based order has shattered, leaving Australia at a crossroads. It's time to codify a bill of rights to protect the rights and safety of all Australians, not just the Jewish community. The tragic event at Bondi Beach last December, which resulted in lives lost and social fabric frayed, served as a stark reminder of the urgent need for a comprehensive, codified Australian charter of rights. While the immediate response to criminalize and punish hate speech was understandable, it's crucial to moderate our expectations on the effectiveness of ever-expanding forms of criminalization in delivering community safety and social cohesion. The low-grade political posturing and legislative overreach that followed the tragedy have only exacerbated the situation, highlighting the need for a more balanced approach to addressing hate speech and promoting public discourse. The Australian public has consistently supported the idea of a codified charter of rights, with polls, surveys, and reports showing that between 70% and 87% of the population want to know their rights and have them reflected in policy and legislation. However, the political will to act has been lacking, with the fear of limiting the power of the colonies that were about to become states presenting an insurmountable obstacle to constitutional change. To address this, there is a need for national legislation to buttress the limited rights defined in the constitution and replace the scattered and piecemeal legislation that currently exists. By changing the terms of the political debate to a positive assertion of rights, we can build social capital and enhance social cohesion more effectively than punitive laws.
