Term 4

Question 1

Moral Rights

Answer 1

Ethically correct actions, whether enforced by law or not

Question 2

What are Legal Rights?

Answer 2

Are legally protected and enforced rights

Question 3

Define Positive Rights

Answer 3

A guarantee of something

e.g the right to an eduction

Question 4

what are Negative Rights?

Answer 4

The protection from interference

e.g Freedom of speech

Question 5

Name Constitutional Rights in Australia

Answer 5

Jury Trial (s 80)
Property can only be acquired on just terms (s 51(xxxi))
Freedom of Religion (s 112)
Freedom of Political Communication  implied by our right to vote

Question 6

Alternatives to our system: US Bill of Rights (strength)

Answer 6

Provides lasting protection for human rights
May protect minority groups (e.g Indigenous Australians, Asylum seekers)
Set values for the country to learn and respect
Boost international image (Most other countries have a bill of rights)

Question 7

Alternatives to our system: US Bill of Rights (weakness)

Answer 7

Unelected judges decide which rights are more important, giving the law making powers (unelected and potentially unaccountable?)

Outdated rights may be protected (such as the right to guns, protection to soldiers from entering property

Question 8

Federal Legislation:

Answer 8

Largely protected rights through implementing international agreements (authority for doing so under s 51 (xxix) constitution- external affairs power).

Question 9

Federal Legislation to be aware of: (Acts)

Answer 9

Racial discrimination act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
Disability discrimination act 1992 (Cth)
Age discrimination act 2004 (Cth)

Question 10

State Legislation

Answer 10

States can pass any laws not covered by federal legislation as they hold residual powers under the constitution

Question 11

State Legislation to be aware of:

Answer 11

Anti-discrimination 1991 (Qld)

Peaceful Assembly Act 1992 (Qld)

Question 12

UN General Assembly

Answer 12

a body composed of representatives and is the general body for creating international agreements given an equal voice to vote on international treaties/convections

Question 13

Equitable

Answer 13

Treating all people equally/ensuring equal outcomes

Question 14

Access to justice

Answer 14

The ability to get legal assistance through lawyers or the courts

Question 15

Just

Answer 15

Balancing the different rights/needs of different groups

Question 16

Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)

Answer 16

Ensures that all new bills that enter parliament must recognize the rights and freedoms recognizes within international treaties Australia has signed

Question 17

Independence the judiciary (rule of law)

Answer 17

Judges being able to make their own independent decisions without worry of reprisal, not being linked to the government

Question 18

Rights

Answer 18

Expectations everyone has and they are inalienable, indivisible, and universal

Question 19

Common Law

Answer 19

Rule against double jeopardy, right to silence, right to fair trial, right to representation.it is recognised in courts, made by judges and kept through the doctrine of precedent

Question 20

Knowing the law

Answer 20

A clear system of law-making, laws aren’t made retroactively (they should only apply after passed, not before)

Question 21

Ratification

Answer 21

The action of signing or giving formal consent to a treaty, contract, or agreement, making it officially valid.

Question 22

International Courts

Answer 22

International courts of justice- established by the UN and settles disputes between countries based on voluntarily contributions.
International criminal courts- hears cases against war criminals

Question 23

Treaty

Answer 23

a international agreement concluded in written form between two or more states (or international organisations and is governed international law)

Question 24

reservation

Answer 24

A state can sign on to a treaty but with expectations to certain sections

Question 25

double jeopardy

Answer 25

Prevents an individual from being tried twice for the same criminal offence