The constitution provides for 5 express rights, 3 which apply only to the Commonwealth, religious freedom, trial by jury, "just terms" compensation.

[2] The yes case was that the existing protections were inadequate as the state and territory governments were not bound to observe the rights.

The High Court had held in 1915 that the requirement to trial by jury did not apply to the local laws of a territory.

[7] The "religious freedom" part of the proposed change was opposed by many churches and religious-affiliated schools concerned that it would be interpreted as requiring a level of church-state separation that would put public funding and government assistance for faith schools in jeopardy.

Conversely, Liberal senator Richard Alston argued that the aforementioned provision could place the use of corporal punishment in religious schools beyond the power of the government to regulate.