AOS 3 - Rights Flashcards
(24 cards)
What is the Australian Constitution?
What does it do?
- a set of rules principles that guide the way Australia is governed.
- it protects a limited number of rights for the Australian people
What is the charter or bill of rights?
- a document that sets out the basic rights or freedoms of the citizens in a particular state or country
What are express rights?
- these are rights that are expressly stated in the Australian constitution
- these can ONLY be changed by a referendum
What is the Human rights Charter?
When was it made?
- it protects and promotes human rights
- 2006
What are implied rights?
- implied rights are not expressly stated in the Australian Constitution but are considered to exist though interpretation though the high court.
What is an international declaration?
- a non-binding agreement between countries
- it sets out hopes of the parties to the agreement
What is an international treaty?
- a formal document
- it is signed by countries
- follow their law set out in the document and include it in their own local laws.
what is ‘locus standi’?
- means ‘standing in a case’
- the litigant (the person is the lawsuit) was be directly affected by the issues or matters involved in the case
what is ‘terra nullius’
- a latin term meaning ‘empty land’
- a false common law principle that Australia belonged to no-one when the British first arrived in Australia.
what is ‘ultra vires’
- a latin term meaning ‘beyond the powers’
- a law made outside the powers of parliament
what are the 5 fundamental freedoms of Australian people?
- freedom of speech
- freedom of association
- freedom of assembly
- freedom of religion
- freedom of movement
How does Australia protect rights?
- statute law
- common law
- Australian Constitution
- Charter of Human rights
What is statute law?
- it is legislation that has been passed by the Commonwealth
What is common law?
- common law is laws that have been enforced by the courts and are not expressly written in the Constitution
What are the 6 express rights and their Section?
- S.116 freedom of religion
- S.92 interstate trade
- S.80 trial by jury for commonwealth indictable offences
- S.117 no discrimination between the states
- S.51 (xxxi) acquisition of property
- S.7 & S.24 The senate and house of Representatives are to be elected by the people
What are some examples of rights that are protected by legislation?
(also add the examples of the legislation)
- the right to privacy (privacy act 1988)
- the right to freedom from discrimination (equal opportunity act 2010)
- the right to vote (Commonwealth Electoral act 1918)
What basic rights does the Victorian Charter of Human rights cover?
- right to life
- protection from torture
- freedom of movement
- freedom of thought
- take part in public life
What are strengths and weaknesses of statute law and the Human rights charter?
strengths:
- parliament can change statutes and charters as society changes
- statutes and charters are detailed and precise –> rather than being implied
- they are enforceable and recognized by government organizations
- parliament can pass laws quickly if there is a need to protect an additional right
weaknesses:
- because parliament can change statutes and charters some rights may become limited or no longer exist
- parliament can include limitations so the rights are not always absolute
- they do not always enable a person to be awarded damages
- rights in statute law and the charters are not as well protected as rights in the constitution,
if a law is codified what does that mean?
it means that the parliament has accepted or has passed legislation that reinforces a principle that the courts have used.
if a law is abrogated what does that mean?
- when a law or right has been cancelled
what are some strengths and weaknesses of common law?
strengths:
- courts and judges are Independant
- courts can highlight where there are gaps in the law
- courts are able to infer rights
weaknesses:
- the courts have to wait for a case to come before them in order to create change
- common law rights are not always easy to define.
what is a case that was related to freedom of religion?
what year?
the DOGS case 1981
what is a case that is related to the right to vote?
what year?
the ROACH case 2007
what are strengths and weaknesses of the Australian Constitution?
strengths:
- express rights cannot be changed unless through a referendum
- all rights are protected by the Constitution and are fully enforceable
- rights keep up to date with societies values.
weaknesses:
- rights are difficult to change —> referendum (lengthy process)
- expensive and time consuming
- the high court cannot interpret the meaning of the constitution unless a case is brought before it.
