(B) 3.2.10 Australia's Constitutional Approach to protection of rights compared to South Africa

Question 1

Similarities 1:

Answer 1

Rights are entrenched in the Constitution; they are specifically listed in the Constitution. They cannot be removed by Parliament.

Question 2

Similarity 2:

Answer 2

Rights are enforceable through the courts.

Question 3

South Africa Court:

Answer 3

Constitutional Court

Question 4

Similarity 3:

Answer 4

Both Constitutions protect rights through the separation of powers.

Question 5

Difference 1:

Answer 5

South Africa has a Bill of Rights whereas Australia does not

Question 6

Difference 2:

Answer 6

South Africa has 30 express rights whereas Australia only has 5

Question 7

Difference 3:

Answer 7

South African rights are much more extensive in nature - they include economic, social and cultural rights, whereas Australia mainly only has economic rights.

Question 8

South African economic, social and cultural right examples:

Answer 8

• Freedom of thought
• Right to a basic education
• Right to a healthy enviroment

Question 9

Difference 4:

Answer 9

South African rights can be limited where justified in a free and democratic society whereas no such limit exists in Australia

Question 10

Difference 5:

Answer 10

In South Africa, if an Act of Parliament infringes one’s right, a South African citizen can sue for damages, whereas Australian citizens can only get the legislation invalidated by the High Court of Australia.

Question 11

Australian example of a right:

Answer 11

S.51 (xxxi) - The right to just terms when acquiring property