Extra Info Flashcards

1
Q

What is a bill of rights?

A

a formal declaration of the legal and civil rights of the citizens of any state, country, federation, etc.

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2
Q

What is representational government?

A

It’s the idea that our government is made up of people who represent the general sentiment of their constituents

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3
Q

What is responsible government?

A

Responsible Government is the term used to describe a political system where the executive government, the Cabinet and Ministry, is drawn from, and accountable to, the legislative branch.

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4
Q

Who is the current GG?

A

Peter Cosgrove

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5
Q

5 reasons why Australia should adopt a bill of rights

A
  • Promotion of values and tolerance: a bill of rights reflects the values of Australian society, helps educate the community about the rights of others
  • Provide government checklist: It could act as a checklist to ensure the governments policies comply with human rights (refugees)
  • Fulfil international obligations: Signing an international treaty would actually mean something
  • Guarantee basic rights of minority groups: particularly Indigenous Australians. The reason they’re currently sometimes overlooked is that our government champions the views of the majority
  • Common law depends on a case coming before the courts - bill of rights would change this as a watchdog approach could be implemented
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6
Q

5 reasons why Australia should NOT adopt a bill of rights

A
  • Rights may change over time: therefore it would be extremely difficult to keep the bill of rights fresh and up to date. Currently changing definitions is much simpler and accessible than it would be if we adopted a bill of rights (bill of rights means they would be entrenched in the constitution making them difficult to change)
  • Definition of rights could be limited
  • Give the judiciary more power: they would be called upon to interpret the bill of rights and therefore be an arbiter of what rights exist in society
  • No need, human rights are currently protected by legislature and common law which can easily be amended to keep up with the ever changing society.
  • Judges are able to interpret laws currently to recognise rights contained in international treaties
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7
Q

How are rights currently protected in Australia?

A

h

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8
Q

What is delegated legislation?

A

h

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9
Q

What is an act?

A

e

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10
Q

What is a statuary rule?

A

h

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11
Q

What is meant by “codify the law”?

A

Put it into an act

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12
Q

What is the difference between responsible and representational government?

A

a representative government is one that reflects the view of the majority of the population. A responsible government is made of ministers who are accountable for their actions. They overlap :( (but aren’t the same)

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13
Q

What are the 5 expressed rights in the constitution?

A

The right to vote (Section 41), protection against acquisition of property on unjust terms (Section 51 (xxxi)), the right to a trial by jury (Section 80), freedom of religion (Section 116) and prohibition of discrimination on the basis of State of residency (Section 117).

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