2.1 Your Rights and Responsibilities

Question 1

what are legal rights?

Answer 1

those within the constitution, statute, and common laws → if broken = illegal

Question 2

what are moral rights?

Answer 2

may be argued from different viewpoints → if broken = immoral

Question 3

what is the Bill of Rights?

Answer 3

statement of basic rights & freedoms. the main value lies in how it can be used to educate, shape attitudes, and bring hope and recognition to those who are otherwise powerless

Question 4

what are some reasons why Australia SHOULD have a Bill of Rights?

Answer 4

would protect the rights of minorities, would give sufficient protection to fundamental freedoms, and would make current laws more cohesive & accessible

Question 5

what are some reasons why Australia SHOULD NOT have a Bill of Rights?

Answer 5

rights already protected by statutes & common law, rights written in the Bill of Rights can become outdated due to rapidly changing world, and would restrict rights as once defined, a right is limited by the words in which it’s expressed

Question 6

what are some issues/rights abuses in AUS (as stated in “An Australian Human Rights Act: Why we need one” Amnesty International, 2024)

Answer 6

climate justice, reproductive rights, education, and robodebt

Question 7

what case study relates to the nature of individual rights?

Answer 7

Jock Palfreeman (2007)

Question 8

what was Jock Palfreeman charged with?

Answer 8

unprovoked murder → 20 years imprisonment

Question 9

what did the defence claim in the Jock Palfreeman case?

Answer 9

Jock felt unsafe due to a gang of more than fifteen people who were beating up some individuals. He tried to help the victim, but the attackers were coming at him, so he pulled out the knife so that everyone could see it. He kept circling them, lunging at them each time, and getting hit in the head by a pavement block, effectively erasing his memory from that point forward as Jock states that he has no memory of the ensuing fight, or of stabbing anyone. Two men were hurt, and one man died from a stab wound beneath his armpit.

Question 10

what were the arguments made on the appeal of the Jock Palfreeman case?

Answer 10

he acted in self-defence, and there was not sufficient evidence as there were only partial fingerprints on the knife, and no blood stains were found on Jock→ beyond reasonable doubt was not met (if it was held in AUS)

Question 11

what was the outcome of the Jock Palfreeman case appeal?

Answer 11

the courts upheld the conviction and the sentence after 3 appeals, upholding the previous verdict of 20 years.

Question 12

what are the updates on the Jock Palfreeman case?

Answer 12

he was granted early release in 2019 but taken from prison to the Busmantsi Detention Centre because he did not have a passport.

Question 13

what are rights?

Answer 13

entitlements people have by legal or moral authority

Question 14

what are responsibilities?

Answer 14

legal or moral obligations that a person may to another person; to a group; or to the state, society, or another person generally

Question 15

where are rights in AUS protected?

Answer 15

the constitution, statute law (legislation, etc.), and common law

Question 16

what are express rights?

Answer 16

explicitly outlined in the Constitution (e.g. Section 116 - the right to freedom of religion)

Question 17

what are implied rights?

Answer 17

can be inferred from the Constitution (e.g. the right to freedom of speech)

Question 18

what are two rights that are protected in the statute, and what acts are they contained in?

Answer 18

the right to not be excluded/restricted on the basis of race or ethnic origin → contained in the Racial Discrimination Act 1975 (Cth); and the right not to be excluded/restricted on the basis of physical or mental disability → contained in the Disability Discrimination Act 1992 (Cth)

Question 19

how can common law protect rights?

Answer 19

though decisions made by judges → seen though Dietrich v R [1992] HCA 57: (1992) 177 CLR 292, which ruled that all individuals have the right to a fair trial & legal representation for indictable cases

Question 20

what is the legal basis of responsibilities for statute law?

Answer 20

duties/obligations created under law/acts (e.g. a parents’ duty to send their children to school, contained under the Education Act 1990 (NSW))

Question 21

what is the legal basis of responsibilities for common law?

Answer 21

duties for companies/people made by court rulings, made by judges (e.g. Donoghue v Stevenson [1932] AC 592, expressed duty of care, meaning suppliers products must not injure/harm consumers)