Ch 4 - Protection of Rights Definitions

Question 1

What is a bill of rights?

Answer 1

a document that describes the extent of individual democratic and human rights

Question 2

what is structural protection of rights?

Answer 2

mechanisms for indirect protection of human rights by preventing the misuse or abuse of power e.g. seperation of powers, representative gov, responsible gov

Question 3

what are express rights?

Answer 3

they are entrenched, that is, clearly written into the constitution

Question 4

what are implied rights?

Answer 4

not explicitly written but inferred (implied) by the structure and text of the Constitution through HC rulings

Question 5

what is ultra vires?

Answer 5

law that is beyond the legal power and authority of the body that created it

Question 6

what is statutory or un-entrenched bill of rights?

Answer 6

a bill of rights that is part of an act of parliament, and can be changed by an amending act of parliament