Chapter 16 Australia and the US approaches to human rights Flashcards Preview

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Flashcards in Chapter 16 Australia and the US approaches to human rights Deck (27):
1

Identify three express rights protected in the Australian Constitution

voting in Commonwealth elections: freedom of religion; freedom from discrimination based on State residence; right to just compensation for compulsory acquisition of land by Commonwealth; trial by jury

2

Identify an implied right discovered in the Australian Constitution

right to vote; legal equality between States; right to political communication

3

Identify the Australian statute of 1986 designed to provide an overarching way of protecting human rights

HREOC

4

The judicial powers thought to be held by HREOC were struck down by this High Court case of 1995

Brandy

5

The main body in Australia responsible for administering the statutes which protect human rights

Australian Human Rights Commission

6

The standing committee established in 2011 to scrutinise Commonwealth legislation for compatibility with the international covenants and conventions to which Australia is bound

Parliamentary Joint Committee on Human Rights

7

Optional additional treaties related to original international human rights covenants and conventions

protocols

8

This report triggered the NT National Emergency Response (the 'Intervention')

Little Children are Sacred

9

Australian States or territories which have enacted their own statutory bills of rights

Victoria and ACT

10

The Victorian Charter of Human Rights and Responsibilities Act is an example of a bill of rights based on the principle of _____________

parliamentarianism

11

Since the Human Rights Amendment Act of 2008 in the ACT, complainants no longer have to '_________' a human rights action onto another case.

piggyback

12

The Australian state most noted for its poor record on human rights is ____________

Queensland

13

Both the Victorian and ACT statutory bills of rights give '__________ power' to judges

declaratory

14

Queensland inquiry which discovered widespread corruption in the 1980s.

Fitzgerald

15

Australian laws made in this area have been criticised for supposedly breaching common law rights

counter terrorism

16

Which rights regarding those suspected of terrorism offences have arguably been compromised by Australian laws

right to silence, right to know evidence against them; right to presumption of innocence

17

Identify two countries which have agreed to accept a limited number of asylum seekers who have achieved refugee status from Australia

USA, Cambodia

18

Name the Australian statute which the Malaysian Solution of 2013, which was breached according to the High Court

Migration Act

19

For which types of rights protections does judicial supremacism exist in Australia?

express and implied constitutional rights

20

In the US, the Bill of Rights is a series of _____ amendments to the US Constitution made shortly after its declaration,

10

21

The US body which decides if Presidential orders are lawful.

Supreme Court

22

Which right was upheld by the Heller v District of Columbia decision of 2008

owning guns for self defence

23

What is the requirement in terms of Congress and other legislatures, to amend the Constitution

A two thirds majority vote in both Houses and then 75% of State legislatures

24

The most important statute protecting human rights in the US

Civil Rights Act (1964)

25

Two examples of common law rights in Australia which are embedded in the US Bill of Rights

right to silence and right to impartial jury with rules of evidence

26

The US and Somalia are the only countries not to ratify this convention

Convention on the Rights of the Child

27

The process engaged in by the US government to transfer captured terrorist suspects to countries with less rigorous human rights laws

extraordinary rendition