AOS 3 - Rights

Question 1

What is the Australian Constitution?

What does it do?

Answer 1

• a set of rules principles that guide the way Australia is governed.
• it protects a limited number of rights for the Australian people

Question 2

What is the charter or bill of rights?

Answer 2

• a document that sets out the basic rights or freedoms of the citizens in a particular state or country

Question 3

What are express rights?

Answer 3

• these are rights that are expressly stated in the Australian constitution
• these can ONLY be changed by a referendum

Question 4

What is the Human rights Charter?

When was it made?

Answer 4

• it protects and promotes human rights

- 2006

Question 5

What are implied rights?

Answer 5

• implied rights are not expressly stated in the Australian Constitution but are considered to exist though interpretation though the high court.

Question 6

What is an international declaration?

Answer 6

• a non-binding agreement between countries

- it sets out hopes of the parties to the agreement

Question 7

What is an international treaty?

Answer 7

• a formal document
• it is signed by countries
• follow their law set out in the document and include it in their own local laws.

Question 8

what is ‘locus standi’?

Answer 8

• means ‘standing in a case’

- the litigant (the person is the lawsuit) was be directly affected by the issues or matters involved in the case

Question 9

what is ‘terra nullius’

Answer 9

• a latin term meaning ‘empty land’

- a false common law principle that Australia belonged to no-one when the British first arrived in Australia.

Question 10

what is ‘ultra vires’

Answer 10

• a latin term meaning ‘beyond the powers’

- a law made outside the powers of parliament

Question 11

what are the 5 fundamental freedoms of Australian people?

Answer 11

• freedom of speech
• freedom of association
• freedom of assembly
• freedom of religion
• freedom of movement

Question 12

How does Australia protect rights?

Answer 12

• statute law
• common law
• Australian Constitution
• Charter of Human rights

Question 13

What is statute law?

Answer 13

• it is legislation that has been passed by the Commonwealth

Question 14

What is common law?

Answer 14

• common law is laws that have been enforced by the courts and are not expressly written in the Constitution

Question 15

What are the 6 express rights and their Section?

Answer 15

• S.116 freedom of religion
• S.92 interstate trade
• S.80 trial by jury for commonwealth indictable offences
• S.117 no discrimination between the states
• S.51 (xxxi) acquisition of property
• S.7 & S.24 The senate and house of Representatives are to be elected by the people

Question 16

What are some examples of rights that are protected by legislation?
(also add the examples of the legislation)

Answer 16

• the right to privacy (privacy act 1988)
• the right to freedom from discrimination (equal opportunity act 2010)
• the right to vote (Commonwealth Electoral act 1918)

Question 17

What basic rights does the Victorian Charter of Human rights cover?

Answer 17

• right to life
• protection from torture
• freedom of movement
• freedom of thought
• take part in public life

Question 18

What are strengths and weaknesses of statute law and the Human rights charter?

Answer 18

strengths:
- parliament can change statutes and charters as society changes
- statutes and charters are detailed and precise –> rather than being implied
- they are enforceable and recognized by government organizations
- parliament can pass laws quickly if there is a need to protect an additional right

weaknesses:
- because parliament can change statutes and charters some rights may become limited or no longer exist
- parliament can include limitations so the rights are not always absolute
- they do not always enable a person to be awarded damages
- rights in statute law and the charters are not as well protected as rights in the constitution,

Question 19

if a law is codified what does that mean?

Answer 19

it means that the parliament has accepted or has passed legislation that reinforces a principle that the courts have used.

Question 20

if a law is abrogated what does that mean?

Answer 20

• when a law or right has been cancelled

Question 21

what are some strengths and weaknesses of common law?

Answer 21

strengths:

• courts and judges are Independant
• courts can highlight where there are gaps in the law
• courts are able to infer rights

weaknesses:
- the courts have to wait for a case to come before them in order to create change
- common law rights are not always easy to define.

Question 22

what is a case that was related to freedom of religion?

what year?

Answer 22

the DOGS case 1981

Question 23

what is a case that is related to the right to vote?

what year?

Answer 23

the ROACH case 2007

Question 24

what are strengths and weaknesses of the Australian Constitution?

Answer 24

strengths:
- express rights cannot be changed unless through a referendum
- all rights are protected by the Constitution and are fully enforceable
- rights keep up to date with societies values.

weaknesses:
- rights are difficult to change —> referendum (lengthy process)
- expensive and time consuming
- the high court cannot interpret the meaning of the constitution unless a case is brought before it.