Rights Flashcards
How are rights protected in Australia?
The Australian Constitution, Victorian Charter of Human Rights and Responsibilities Act, statute law and common law.
How are rights protected by the Australian Constitution?
The Australian Constitution protects rights through either express rights, which are written directly into the Constitution, or implied rights which are interpreted by the High Court. All rights protected by the Australian Constitution can be fully enforced by the High Court.
What are express rights?
Rights that are explicitly stated in the Australian Constitution.
How many express rights are there?
Five.
What are the express rights stated in the Australian Constitution?
The five express rights in the Australian Constitution are: Protection against acquisition of property on unjust terms, the right to a trial by jury, free trade within the Commonwealth, prohibition of discrimination on the basis of state of residency, freedom of religion.
How can express rights be altered?
Express rights can be altered through a referendum, which is a compulsory vote sent out to all Australians over the age of 18 that involves a ‘yes’ or ‘no’ vote to a proposed change in the Constitution. For a referendum to pass it needs to fulfil a double majority (a majority of voters in a majority of states) requirement.
What is meant by “representative government”?
A representative government, or democracy, is a system of government in which parliament is made up of representatives “directly chosen by the people of the Commonwealth”.
What is an implied right?
An implied right is not explicitly stated in the Australian Constitution, instead it has to be given meaning by the High Court’s interpretation of the Constitution.
What is statute law?
Legislation made by Parliaments.
Explain one benefit with the protection of rights through legislation.
Statutory rights are much easier to change than the Constitution. This is a benefit and a weakness. It’s a benefit because it allows Parliament to amend statues to incorporate further rights, particularly as society’s values change.
Explain one limitation with the protection of rights through legislation.
Statutory rights being easier to change than the Constitution is a limitation because the rights protected in statute law are not as strong as constitutional rights, which can only be changed through public approval.
What is the The Victorian Charter of Human Rights and Responsibilities?
The Victorian Charter of Human Rights and Responsibilities is a piece of Victorian legislation that outlines basic rights and responsibilities awarded to all citizens of Victoria.
What are some strenghts to the Victorian Charter of Human Rights and Responsibilities?
If a right in the charter is encroached individuals are able to take it to court to be recognised. This helps to protect the rights of Victorian citizens because the rights within the charter are all enforceable and applicable in Victorian society. The rights within the charter are also fairly basic, and therefore well known in Victoria. This makes it easier for Victorians to understand their basic rights, and know when there has been a breach.
What are some limitations to the Victorian Charter of Human Rights and Responsibilities?
Because the rights in the charter are created by Victorian statute, parliament is able to create legislation to change these rights without the input of Victorian citizens. Therefore, the rights in the Victorian Charter of Human Rights and Responsibilities are not as protected as rights protected by the Australian Constitution. Another limitation is that individuals need to bring their own case to court if a right is breached before it can be rectified. Because not all Victorians can access court (e.g poverty, intellectual disability, etc), the charter cannot always be enforced.
What is common law?
Common law is made by judges when there’s no statute law made by Parliament covering an issue. Courts also interpret legislation.
