Chapter 16 Australia and the US approaches to human rights Flashcards
Identify three express rights protected in the Australian Constitution
voting in Commonwealth elections: freedom of religion; freedom from discrimination based on State residence; right to just compensation for compulsory acquisition of land by Commonwealth; trial by jury
Identify an implied right discovered in the Australian Constitution
right to vote; legal equality between States; right to political communication
Identify the Australian statute of 1986 designed to provide an overarching way of protecting human rights
HREOC
The judicial powers thought to be held by HREOC were struck down by this High Court case of 1995
Brandy
The main body in Australia responsible for administering the statutes which protect human rights
Australian Human Rights Commission
The standing committee established in 2011 to scrutinise Commonwealth legislation for compatibility with the international covenants and conventions to which Australia is bound
Parliamentary Joint Committee on Human Rights
Optional additional treaties related to original international human rights covenants and conventions
protocols
This report triggered the NT National Emergency Response (the ‘Intervention’)
Little Children are Sacred
Australian States or territories which have enacted their own statutory bills of rights
Victoria and ACT
The Victorian Charter of Human Rights and Responsibilities Act is an example of a bill of rights based on the principle of _____________
parliamentarianism
Since the Human Rights Amendment Act of 2008 in the ACT, complainants no longer have to ‘_________’ a human rights action onto another case.
piggyback
The Australian state most noted for its poor record on human rights is ____________
Queensland
Both the Victorian and ACT statutory bills of rights give ‘__________ power’ to judges
declaratory
Queensland inquiry which discovered widespread corruption in the 1980s.
Fitzgerald
Australian laws made in this area have been criticised for supposedly breaching common law rights
counter terrorism
Which rights regarding those suspected of terrorism offences have arguably been compromised by Australian laws
right to silence, right to know evidence against them; right to presumption of innocence
Identify two countries which have agreed to accept a limited number of asylum seekers who have achieved refugee status from Australia
USA, Cambodia
Name the Australian statute which the Malaysian Solution of 2013, which was breached according to the High Court
Migration Act
For which types of rights protections does judicial supremacism exist in Australia?
express and implied constitutional rights
In the US, the Bill of Rights is a series of _____ amendments to the US Constitution made shortly after its declaration,
10
The US body which decides if Presidential orders are lawful.
Supreme Court
Which right was upheld by the Heller v District of Columbia decision of 2008
owning guns for self defence
What is the requirement in terms of Congress and other legislatures, to amend the Constitution
A two thirds majority vote in both Houses and then 75% of State legislatures
The most important statute protecting human rights in the US
Civil Rights Act (1964)
Two examples of common law rights in Australia which are embedded in the US Bill of Rights
right to silence and right to impartial jury with rules of evidence
The US and Somalia are the only countries not to ratify this convention
Convention on the Rights of the Child
The process engaged in by the US government to transfer captured terrorist suspects to countries with less rigorous human rights laws
extraordinary rendition
