Chapter 6- Your Rights And Responsibilities Flashcards
What does tortious mean?
Wrongful; constituting a tort or breach of a duty to others.
What two types of rights are set out by the constitution? And a definition?
Express rights- civil and political rights that are claearly and absolutely outlined in the constitution
And
Implied rights civil and political rights that can be inferred from the constiution, rather than being expressly stated
What is the bill of rights?
A statement of basic human rights and privileges
Arguments for the bill of rights?
For:
- Australian law gives insufficient protection to fundamental freedoms, and a bill of rights would enshrine those rights.
- a bill of rights would allow australia to met its int. Obligations more effectively
- the high courts interpertation of ‘implied rights’ in the constiution is too limited: we need a document explicitly setting out our rights.
- a bill of rights will protect the rights of minorities
Arguments against the bill of rights?
- Rights are already protected by the statues and the common law.
- rights written in the bill of rights can be outdated quickly in a rapidly changing world.
- enabling judges to strike down laws made by parliament that are inconsistent with the bill of rights would be undemocratic
When are you protected for defamation?
You are legally protected if:
- what you say is true.
- what you are saying is honest opinion, not a statement of fact.
- you have a legal, social pr moral duty to communicate something something to a person and the person has a corresponding duty to hear or read it.
What is defamation?
The act of making a statements or suggestions that cause damage to a person’s reputation in the community
What is self-executing?
Automatically becoming binding on a state party to the treaty as soon as the realty has been ratified. Example if the UN makes a new treaty it is automatically binding to that country.
