2.2 Promoting and enforcing HR Flashcards
1
Q
How are HR incorporated into Australian domestic law?
A
- Mandate to enter a treaty
- Ministerial and executive council approve
- Signature → executive agrees to be bound in the future
- Review by Cth Parliament
- Ratfication at int. level by executive - obligations
- Enact into domestic legislation - Cth and State
2
Q
Examples of incorporated HR
A
- CEDAW ratified 1983 → Sex Discrimination Act 1984 (Cth)
- CRPD ratified 2008 → Disability Discrimination Act 1992 (Cth)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
Convention on the Rights of Persons with Disabilities (CRPD)
3
Q
Separation of powers
Leigslature, executive, judiciary
A
- Provides a system of checks and balances
- Limitations placed on powers
- Prevents power being centralised in one group
- Protects an individual from corruption and arbitrary exercises of power
- Government decisions can be reviewed by an independent judiciary, e.g. Teoh Case (1995)
4
Q
Division of powers
Legislative power
A
Exclusive power of Cth (s51)
- Can make national laws to uphold HR obligations from international treaties → “external affairs” (s51)
Residual powers of the state (s108)
- States can independently enact laws to protect and enforce HR → more localised level that is relevant to the people living within the state
- State executive can’t ratify international agreements because they don’t have sovereignty
