external study notes Flashcards
(20 cards)
define human rights
the fundamental rights belonging to every human regardless of race, age, gender or nationality.
define bill of rights
a formal declaration of legal and civil rights of the citizens of any state, country or federation
what are implied rights
legal rights inferred from other rights that are implied by existing laws, such as in written constitutions, but are not themselves expressly coded among the explicit writ of the law
what are expressed rights
rights that are clearly expressed or outlined in the text of the Constitution. They are clear, concrete and can only be removed by changing the wording of the Constitution
describe and explain the role of The Australian Constitution
to provide a written framework in which a country is governed by, it protects foreign affairs power within section 51 by giving the commonwealth government the right to legislate with respect to ‘external affairs’ in regards to both expressed and implied rights
define a royal commission
the highest form of inquiry into public matter of importance that are appointed by the executive government
define sovereignty
the idea that a state has the right to its own territory and another state should not do anything to infringe that right
define states
countries recognised as having legal standing under law as they have a defines territory, one government and a permanent population coupled with the ability to enter into relationships recognised by law with other states
explain the role of the UN
the main function of the UN is to preserve international peace and security. being made up of 6 main bodies, two legislative, one administrative, one judicial, one policy and one defunct, therefore providing the Un with peace and security
describe how did the Magna Carta 1215 initiate/promote key human rights
the Magna Carter (1215) initiated the law that all are equal before the court, therefore promoting what we now know as human rights, such as all citizens have the right to freedom, all law must be passed in conjunction with parliament
describe a treaty
a formalised agreement between two or more nations about a particular area of mutual interest
describe a convention
similar to a treat but more specific matter or issues, and sometimes of a less formal nature
describe a covenant
similar to a convention in effect and use
describe a signatory treaties
state that is in political support of the treaty and willing to continue its engagement with the treaty process. this intent is codified as a ‘signature’ submitted to the qualifying international body with oversight off the treaty
describe a right
the privilege or power to be able to do something; some rights are recognised by law
define multilateral
a formal agreement entered into by more than two nation-states
describe ratification
define the international act whereby a state indicated its consent to be bound to a treaty (full adoption) if the parties intended to show this consent by such an act
define accession
when a nation-state enters into a treaty that has already been formed after it has been negotiated and signed by other states. it has the same legal effect as ratification
define reservation
when a nation-state does not wish to be bound by every provision in a treaty so ratifies only the parts of the treaty by which it does agree to be bound
what are collective rights
these are rights that apply to people together or as a whole, such as the right of all peoples to self-determination, or the rights to development, a healthy environment, peace or food security. These rights are also known as ‘fraternity’ or ‘solidarity’ rights.
