(B) 3.2.10 Australia's Constitutional Approach to protection of rights compared to South Africa Flashcards Preview

Legal Studies 3/4 > (B) 3.2.10 Australia's Constitutional Approach to protection of rights compared to South Africa > Flashcards

Flashcards in (B) 3.2.10 Australia's Constitutional Approach to protection of rights compared to South Africa Deck (11)
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1
Q

Similarities 1:

A

Rights are entrenched in the Constitution; they are specifically listed in the Constitution. They cannot be removed by Parliament.

2
Q

Similarity 2:

A

Rights are enforceable through the courts.

3
Q

South Africa Court:

A

Constitutional Court

4
Q

Similarity 3:

A

Both Constitutions protect rights through the separation of powers.

5
Q

Difference 1:

A

South Africa has a Bill of Rights whereas Australia does not

6
Q

Difference 2:

A

South Africa has 30 express rights whereas Australia only has 5

7
Q

Difference 3:

A

South African rights are much more extensive in nature - they include economic, social and cultural rights, whereas Australia mainly only has economic rights.

8
Q

South African economic, social and cultural right examples:

A
  • Freedom of thought
  • Right to a basic education
  • Right to a healthy enviroment
9
Q

Difference 4:

A

South African rights can be limited where justified in a free and democratic society whereas no such limit exists in Australia

10
Q

Difference 5:

A

In South Africa, if an Act of Parliament infringes one’s right, a South African citizen can sue for damages, whereas Australian citizens can only get the legislation invalidated by the High Court of Australia.

11
Q

Australian example of a right:

A

S.51 (xxxi) - The right to just terms when acquiring property

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