16.1 Flashcards
summarise three main points in which rights are protected in Australia?
The Aus const: Protects a limted number of rights, for example its gurantees five express rights of Aussie ppl. The Aus conts can rules that the words and pharases in the Const imply or suggest rights (implied rights) even thought they are not expressly stated.
summarise three main points in which rights are protected in Australia?
The Statue Law: the Commmonwealth parliament has the power to passs legislation that apipiles to and protect of all australians. Statute laws can be amended or repealed by Parliament, making them adaptable but also potentially vulnerable to change based on political conditions.
summarise three main points in which rights are protected in Australia?
The Common law: Laws that have developed and established over many years thourgh ddescions made by the jugdes in the statre and territory and federal courts. these jugdes can play a significant role in protecting rights when deslovong disputes in which there has been an alleged breach of human rights. they also imntrpet the meaning of commonwealth, state and terriotyr legislationthat protct human rights. the jugdes may establish a legal principle (Precedent) that protects rights. Although common law can be overridden by legislation, it serves as a foundational protection for certain rights, especially in the absence of specific statutory protections.
bill of rights?
a formal document that list and protects the most valued rights and freedom to aussies. this can be containedwith in a countrys const or passed as a seprate ligsialtion.
distinguish between the ways in which statue law and commomn law protect rights in australia
In Australia, statute law and common law protect rights in different ways. Statute law is created by Parliament and provides specific, written protections, like anti-discrimination acts, which can be updated or changed to address current issues. Common law, on the other hand, is developed through court decisions over time and offers more flexible protections, like the right to silence, based on past judicial rulings. While statute law is more direct and detailed, common law fills in gaps and establishes foundational rights that Parliament can build on or override with new legislation. Together, they create a balanced system of rights protection.
simplefied ( how miss explained it )
STAUTE LAW made by the parliament
COMMON LAW made by jugdes
these laws created to protect right. how?:
1. aus conts gurantees and expreess rights
2. the statue law: basic rughts protected and produced by the legislation for ALL aussies. eg. right to security and discrimination
3. common law : established over years by juges in state territory and federal courts, when making a decision over time a dispute, juges give a precedent to protect rights.