Year 11 AOS 3 unit 2 exam

Question 1

What is a right?

Answer 1

• A right is a moral entitlement to have or so something
• Right Acton is the promotion of respect, dignity, equality and justice.
• Rights are the protection of basic freedoms.

Question 2

In democratic societies, these basic freedoms include things like:

Answer 2

• the right to life
• the right to access clean water, food and shelter
• freedom from slavery, cruel punishment and discrimination
• freedom of speech and religion
• the right to a fair and unbiased legal system
• the right to vote.

Question 3

The rights that Australia protects are often influenced by ….?

Answer 3

The rights that Australia protects are often influenced by international declarations and treaties such as the Universal Declaration of Human Rights, created by the United Nations in December 1948 after the end of World War II.

Question 4

There are five express rights in our Constitution. These are:

Answer 4

1) The right to vote (section 41)
2) Freedom of Religion (Section 116)
3) The right to a trial by jury (Section 80)
4) Protection against acquisition of property on unjust terms (Section 51)
5) The prohibition of discrimination based on the basis of the state.

Question 5

list the four ways in which Australia protects the rights of its citizens

Answer 5

• Statute law
• Charter of Human Rights
• Common law
• Australian Constitution

Question 6

How does Statue Law protect citizens rights?

Answer 6

• Each state and territory parliament has the power to pass laws that protect the rights of the residents of that state or territory.

Question 7

How does Common Law protect citizens rights?

Answer 7

• The courts have enforced various rights in their judgments and precedents.
• Courts or tribunals in Victoria need to interpret statute law in a way that is compatible with the Victorian Charter of Human Rights and Responsibilities.
• Courts interpret statute laws to make decisions on matters that are the first of its kind. Through this process, they make laws that often further protect our rights through the doctrine of precedents.

Question 8

How does Australian Constitution protect citizens rights?

Answer 8

• The Australian constitution protects a limited number of rights of the Australian people.

Question 9

How does Charter of Human Rights protect citizens rights?

Answer 9

• The charter of human rights main purpose is to promote and protect human rights.

Question 10

Codification of Laws

Answer 10

Parliament has the ability to codify common law. This means that parliament has acknowledged a decision made by courts as valid and that current legislation is not fulfilling this need. As such, parliament absorbs the area of common law through amending statute law to incorporate the decision being made within courts. Through doing this, the decision is strengthened as it no simply exists as common law, but forms part of legislation.

Question 11

Abrogation of laws

Answer 11

Parliament also has the ability to abrogate common law. That is, parliament may disagree with a decision made by the courts and as such, pass new legislation that contradicts common law decisions. As the ultimate law-making authority, parliament can abolish common law and precedent through establishing new legislation

Question 12

Define Express Rights

Answer 12

Express rights are explicitly stated in the wording of the constitution.

Question 13

Define Implied right

Answer 13

An implied right is a right that is not explicitly stated in the wording of the Australian Constitution but is rather considered (or implied) to exist by the High Court when interpreting the Constitution’s meaning

When resolving a dispute over whether or not the Constitution protects a particular right, the High Court Justices can decide that a word or phrase within the Constitution implies that a right exists even though it might not be explicitly stated.

Question 14

What is meant by the term representative government

Answer 14

The representative government is a group of people elected to represent the interest of society.

Question 15

What do we mean by the term separation of powers and who holds these powers?

Answer 15

principle established by the Australian Constitution that ensures the three powers of our parliamentary system (executive power, legislative power and judicial power) remain separate. This principle provides a set of checks and balances to ensure that no single body has the power to make, implement, apply and interpret the law

Question 16

The power given to the commonwealth parliament

Answer 16

• trade and commerce with other countries, and among the States [s 51(i)];
• taxation [s 51(ii)];
• defence [s 51(vi)];
• corporations [s 51(xx)];
• immigration [s 51(xxvii)]; and
• external affairs [s 51(xxix)].

Question 17

The power given to the state and territory parliament

Answer 17

The power to make laws that affect people in that state or territory. 
Public transport
Schools
Hospitals
Public housing
Education

Question 18

The power given to the courts

Answer 18

The High Court has the power to hear appeals from Federal, State and Territory Courts. Appeals are not automatic and must be applied for. Each Justice hearing the case makes his/her own decision and written reasons are provided. … Since then any decision by the High Court on an appeal is final.

Question 19

The majority of our rights are actually protected by….

Provide two examples

Answer 19

The majority of our rights are actually protected by statute laws that have already been passed. For examples:
The Racial Discrimination Act (1975)
The Equal Opportunity Act (2010)

Question 20

A treaty = a convention = a protocol = a covenant,

Answer 20

Is an agreement between countries to be bound by international law. When a treaty is signed, a nation shows its intention to adopt the standards in the treaty and incorporate them into its law.

Question 21

once a country becomes a statuory to a treaty, is than enforciable in the nation?

Answer 21

A treaty will only become a nation’s reinforceable law once it has been ratified. This means that parliament needs to pass specific legislations to give effect to the obligations in the treaty.

Question 22

What is a declaration?

Answer 22

A document that outlines a set of standards that nations voluntarily agree to but are not legally bound to uphold or implement. A declaration is not legally binding. However, it can lead to a treaty being put in place and ratified.

Question 23

What is the difference between a treaty and a declaration?

Answer 23

A treaty is an agreement to be bound by international law, whereas a declaration is not binding.

Question 24

Which of the following is not another name for a treaty?

Answer 24

Declaration
B. Covenant
C. Protocol
D. Convention

Question 25

When does an international treaty become legally binding in Australia?

Answer 25

When Australia passes laws in the country to ratify a treaty.

Question 26

Which of the following is a treaty?

Answer 26

A. Universal Declaration of Human Rights

B. International Covenant on Economic, Social and Cultural Rights

C. The Declaration on the Rights of Indigenous Peoples

D. The Treaty on Cultural Diversity

Question 27

The Australian Government has just signed a treaty which sets out obligations to protect disabled people around the world.
Is this treaty now law in Australia?

Answer 27

No, because legislation has to be passed formally adopting the provisions of the treaty.

Question 28

The Australian Government has just signed a treaty which sets out obligations to protect disabled people around the world.
Is this treaty now law in Australia?

Answer 28

No, because legislation has to be passed formally adopting the provisions of the treaty.

Question 29

Most rights in Australia are protected by statute legislations. Examples:

Answer 29

• Freedom of Information Act 1982 (Vic)
• Crimes Act 1958 (Vic)
• Racial Discrimination Act 1975 (Cth)
• Equal Opportunity Act 2010 (Vic)

Question 30

Examples of rights in the Victorian Charter of Human Rights and Responsibilities (VCHRR):

Answer 30

Right to silence for those accused of a criminal offence.
Right to a fair trial with fair processes.
Right to freedom of thought and religion.
Right to freedom of movement.

Question 31

Examles of Commmon law rights

Answer 31

Examples of these rights include:
Right to silence
Right to a fair trial
Right to legal representation

Question 32

Explain the term ‘Ultra vires’

• Ultra vires is a latin term meaning ‘beyond the powers’.

Answer 32

The courts can protect the rights of the Australian people by using their power to declare Acts of Parliament invalid if they are made outside or beyond the parliament’s law-making power

Question 33

Why is the Australian Constitution important?

Answer 33

The constitution is important because It outlines how Australia is to be governed.

Question 34

Explain the following expressed right

- free interstate trade and commerce (Section 92)

Answer 34

this right prevents parliament from treating interstate trade differently between states. It provides freedom of movement between states, without burden or hindrance. For example, it restricts imposing taxes on goods moving from Victoria to New South Wales

Question 35

Explain the following expressed right

- Not be discriminated against by the Commonwealth on the basis of the state where you reside (Section 117)

Answer 35

it is unlawful for the Commonwealth to discriminate against someone based on the state in which they live. This means, for example, that a resident of New South Wales in Victoria cannot be subject to a law that would make them in a worse position than if they were from Victoria. However, the High Court has said that states can favour their own residents in limited circumstances, such as the right for only residents of a state to vote in elections for that state

Question 36

Explain the following expressed right

- Receive ‘just terms’ when property is acquired by the Commonwealth (Section 51)

Answer 36

The Commonwealth is only able to acquire or obtain property for a purpose or area for which it has the power to make laws (e.g. for airports)

Question 37

Explain the following expressed right

- Trial by jury for indictable Commonwealth offences (Section 80)

Answer 37

this provides citizens with the limited right to trial by jury, as it is guaranteed for indictable (or serious) Commonwealth offences (although most indictable offences are state offences)

Question 38

Explain the following expressed right

- A freedom of religion (though limited) (Section 116)

Answer 38

provides citizens with a limited right to freedom of religion.

Question 39

List the streangths of the Australian constitution

Answer 39

• Express rights cannot be changed unless through a referendum; that is, with the support of the community via a public vote
• The implied freedom of political communication shows that rights can be interpreted and clarified by the High Court
• There are some rights that are indirectly protected through the text and structure of the Constitution, such as the right of the people
  to elect the parliament which is indirectly protected by the principle of representative government
• All rights protected by the Constitution are fully enforceable through the High Court and any statute that is found to breach those rights can be declared invalid
• The courts can interpret the meaning of the words and phrases in the Constitution so it can keep pace with changes in community values and remain relevant over time

Question 40

List the weaknesses of the Australian constitution

Answer 40

• Rights contained in the Constitution are difficult to change due to the referendum process. Rights may therefore lag behind attitude changes
• Very few rights are expressly protected under the Constitution
• The rights that are expressly protected in the Constitution are very limited in scope, such as the limited right to trial by jury
• It is expensive and time-consuming to take a case to the High Court to challenge a statute that breaches a right
• The High Court cannot interpret the meaning of the Constitution and declare an infringement of rights until a case is brought before it

Question 41

How can the wording in the Australian constitution be changed?

Answer 41

The Australian Constitution can only be changed with the approval of the Australian people through a referendum.

Question 42

Those in favour of the introduction of a statutory charter or bill of rights argue it would:

Answer 42

• strengthen the protection of rights in Australia by clearly stating the basic rights of all citizens.
• make governments in Australia more accountable for the improvement of rights legislation and the provision of services to uphold the rights
• improve Australia’s international image.

Question 43

Those against the introduction of a charter or bill of rights argue that:

Answer 43

• The basic rights of Australians are already adequately protected by hundreds of Acts of Parliament, at both the state and Commonwealth levels
• Individuals who feel their rights are not protected by the law can try to influence the government to introduce a change in the law.
• Australia has already adopted and ratified many major international treaties and optional protocols that protect a vast range of human rights such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (CAT) (1985) and optional protocols.

Question 44

Australian governments have come under pressure to implement changes to improve the protection of rights for:

Answer 44

• Indigenous Australians
• asylum seekers
• people accused of terror-related crimes
• people with a disability
• members of the LGBTIQ community.