Australian Constitution and Human Rights

Question 1

What is the Australian Constitution?

Answer 1

The system of fundamental principle according to which a nation, state or body is governed.

Question 2

Why does Australia not have a bill of rights like other countries?

Answer 2

Because our rights are adequately protected through statutory and common law as well as independent judiciary.

Question 3

Explain the process of a Referendum.

Answer 3

1. Bill Passed: a bill is introduced into the parliament and passed by both house of Representative and Senate.
2. The Factors: Members of parliamnent who support the referendum creates a “YES” case and vice versa.
3. AEC: Australian Electoral Commission produces and sends pamphlets information to the Australian citizens.
4. Referendum: Australians either vote “YES” or “NO” based on their opinions.
5. Successful Referendum
   * More than majority achieved
   * More than of half of Australuan votes “YES”
   * Majority of “YES” are from at least 4 States

Question 4

What is the name of the process used to change Australia’s Constitution?

Answer 4

Referendum

Question 5

State Five Express Rights in the Australia Constitution with reference to sections.

Answer 5

1. Right to Just Acquisition (s51)
2. Right to trial by Jury (s80)
3. Freedom of trade between States (s92)
4. Freedom of religion (s116)
5. Freedom from discrimination between States (s117)

Question 6

What are Express Rights?

Answer 6

Expressed Rights are rights that are clearly stated through writing in the Australian Constitution.