constitutional-law australia minor alcohol age
Why don&#39;t alcohol laws contradict the constitution?
<p>Why don't alcohol laws contradict the constitution (or other laws in some cases, like in the example below, because  The Age Discrimination Act  is not part of the constitution)? </p>

<p>I think it is age discrimination. If not, why wouldn't it be?</p>

<p>For example, in Australia, the The Age Discrimination Act (2004) prohibits age discrimination in the following areas (emphasis mine): </p>

<blockquote>
  <p>Discrimination in employment, education, access to premises, <strong>provision of goods</strong>, services and facilities, accommodation, disposal of land, administration of Commonwealth laws and programs, and requests for information.</p>
</blockquote>

<p>I checked that it is not one of the <a href="http://www.lawhandbook.sa.gov.au/ch17s02.php" rel="nofollow">exemptions</a> listed below the second bold header.</p>

<p>I wonder about this specific case as well as the general case.</p>

<p>Firstly, this is actually a really good question - The Australian Constitution grants few explicit protections or rights to people, and it does not protect you from discrimination on the basis of age.</p>

<p>In any case, you'll find that it is not a violation of the Age Discrimination Act 2004 (Cth) - <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/ada2004174/s39.html" rel="nofollow">see s39</a>. This makes an exemption, amongst others, to the Act when acting in compliance with specified Commonwealth laws, or with State or Territory Acts or Regulations, which typically enact minimum drinking ages.</p>

<p>In general, governments are able to legislate within the bounds of their powers, usually as enumerated in a constitution, and sometimes limited by a bill of rights. Even where the power to legislate with respect to <em>age</em> is not specifically granted, governments are generally empowered to legislate with respect to other matters where age may be a factor: employment, sale of goods, gambling, etc.</p>

<p>With respect to many questions of law <a href="http://en.wikipedia.org/wiki/Age_of_majority" rel="nofollow">minors</a> are not people.  Human rights vest as people age: there are any number of variations by jurisdiction, but you will see the following (often constitutional) rights granted at different ages:</p>

<ul>
<li>To own property</li>
<li>To <a href="http://law.jrank.org/pages/11848/Legal-Ages.html" rel="nofollow">enter into contracts</a></li>
<li>To <a href="http://en.wikipedia.org/wiki/Legal_working_age" rel="nofollow">work</a> for pay</li>
<li>To <a href="http://en.wikipedia.org/wiki/School_leaving_age" rel="nofollow"><em>decline</em> an education</a></li>
<li>To <a href="http://law.jrank.org/pages/11848/Legal-Ages.html" rel="nofollow">consent to medical treatment</a></li>
<li>To be secure in one's person (e.g., how many crimes do you commit if you spank an adult and carry him kicking and screaming to a time-out in his room?)</li>
<li>To <a href="http://en.wikipedia.org/wiki/Marriageable_age" rel="nofollow">marry</a></li>
<li>To <a href="http://en.wikipedia.org/wiki/Voting_age" rel="nofollow">vote</a></li>
<li>To <a href="http://en.wikipedia.org/wiki/List_of_countries_by_minimum_driving_age" rel="nofollow">drive on public roads</a></li>
<li>And yes, to buy alcohol, tobacco, decongestants, and other specially-regulated products.</li>
</ul>
