role of australian constitution Flashcards

1
Q

express rights

A

the rights that are clearly and explicitly outlined in legislation

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2
Q

1st express right

A

freedom of religion, which prevents establishment of a state religion or the parliament creating laws which impose any form of religious ceremony or worship, or prohibit the exercising of any religion

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3
Q

2nd express right

A

freedom from discrimination between states, which protects citizens from being discriminated by the laws of a different state

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4
Q

3rd express right

A

freedom of trade between states, which allows for trade and commerce to occur between states without charge)

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5
Q

4th express right

A

right to trial by jury, which guarantees the right to trial by jury for any Australian citizen accused of an indictable offence

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6
Q

5th express right

A

right to just acquisition, which means that the government can acquire property on just terms.

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7
Q

implied rights

A

provides the public with constitutional protections from the excessive power of the executive government and the parliament

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8
Q

1st implied right

A

right to freedom of political communication, means that people and media should be free to communicate o matters of politics and government, s 7 and 24 of Consitution state that parliament must be chosen by the people

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9
Q

2nd implied right

A

right to vote, resides with the people and is governed by Commonwealth electoral act, s 7 and 27 states that HOR and senate has to be directly chosen by the people and a vote is held

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10
Q

what are powers of parliament

A

s40 right to vote, s51 acquisition of property, s80 trial on indictment, s116 commonwealth shouldn’t make establishing religion a law

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