Burnside argues that a Bill of Rights is necessary now because the government has passed laws which contravene basic liberties and rights. Burnside commented that he did not think Australia needed a Bill of Rights in the past because he believed Australia would respect basic rights and liberties.

Through his experiences in the last six years Burnside is concerned that without a Bill of Rights an innocent individual can be detained or imprisoned for life through the Migration Act.

Burnside's view on rights is based in liberalism as he notes that the constitution doesn't differentiate on liberty by citizenship or accidents of birth. Rights are fundamental; liberties universal and consequently inalienable.

He also argues that most of the legislative discrimination was for electoral purposes. He considers it unethical and immoral to pass such legislation and to use it for electoral advantage. Burnside says that the government did their polling and new they could run on border security, which after the September 11th attacks on the US became anti-terrorism.

However he castigates the opposition for agreeing to the pacific solution and the anti-terror laws which place many fundamental liberties under threat. The opposition party is one seeking majority so they will not act to isolate a significant component of the electorate. That is generally known as small-target campaigning or avoiding a wedge.

Burnside sees opposition parties as providing a moral wall to immoral governance, but if the government is discriminating against individuals for electoral gain - no matter how immoral - we would expect the other major party to do so too. Parties exist to obtain government first and foremost.

Republicanism has the answer for this. Republicanism is predicated on the minority accepting the majority's will through representative government but with the knowledge that the minority's rights are secured and inalienable through the constitution. This is where Australia has failed in its government structure and why it is not a republican government. Republican government with entrenched rights protects against the majority parties using tyranny as an electoral tool.

There are other issues with a Bill of Rights too as it is pivotal to constitutional and judicial doctrine that has direct effects on governance. Burnside's concerns are mainly pragmatic from his direct experiences in defending those that have been placed in limbo by discriminative Australian law.

It is a good interview. Well worth a listen.