Diverse Groups in Lawmaking Flashcards
What are some diverse groups in Australia?
Indigenous Australians, migrants/refugees, homeless people, rural australians
What human rights are protected under the Australian constitution?
Section 51 (xxxxi) protects the acquisition of property on just terms
Section 80 protects the right to trial by jury for indictable offences.
Section 92 protects the freedom of trade between the states.
Section 116 protects the freedom of religion
Section 117 protects people from state discrimination
Section 7 details the composition of the senate
Section 24 details the formation of the house of representatives
What are the two implied rights within the Australian constitution?
Right to vote- implied from sections 7 & 24 (has not yet been considered by the High Court).
Freedom of political communication- Adban case
How can human rights be better protected?
Through a statutory bill of rights- created through legislation (already exists in Vic, ACT, pending in QLD)- allows flexibility, however, creates uncertainty or through a constitutional bill of rights-enumerated in the Constitution- allows certainty, however, removes flexibility
What are the rights of the accused in the adversary system?
presumption of innocence, prosecution has burden of proof, right to remain silent, right to present one’s own defence, right to trial before an impartial judge, right to trial by judge or jury for indictable matters, principle of double jeopardy and the right of appeal when an error of law or fact has occured.
What did the 1967 referendum change?
Constitution originally left matters concerning Indigenous Australians to the states (Residual power)
1967 Referendum made this a specific power of the Commonwealth, repealed discriminatory sections against Indigenous people
Since 1967 several statutes created to increase protection of Indigenous Australians
Changes to how the court system deals with Aboriginal and Torres Strait Islander people
What happened alongside the second Mabo decision?
High Court creating Native Title rights (Mabo No 2)- government created Native Title Act (complimentary legislation)
What were the rights of Aboriginal and Torres Strait Islanders like pre-1967?
1n 1788, Britain and other European colonies acquired countries through:
Conquering (defeating Indigenous people in battle).
Creating a charter or agreement (negotiating and creating treaties with Indigenous people).
Settlement (when the land did not have settled inhabitants or settled laws).
Australia was settled based on the myth of terra nullis- the idea that the land belonged to no-one.
This allowed Britain to take ownership for the land and impose their own legal system.
When was terra nullius ruled as invalid?
It was not until the High Court decision in Mabo (no 2) in 1992 that this was ruled as invalid.
What references were made to Indigenous Australians in the Constitution pre-1967?
The only references to Indigenous Australians in the Constitution was to exclude them.
Section 51- “The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to:
Section 51 (xxvi)- “The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws.”
-Section 51 made indigenous affairs a prohibited power of the Commonwealth, and therefore, a residual power of the states.
Section 127- “In reckoning the numbers of the people of the Commonwealth, or of any State or other part of the Commonwealth, aboriginal natives shall not be counted”
What is a referendum?
A referendum is when the country votes on a change to the constitution. For a referendum to pass, a double majority must occur. Majority of people in majority of states must vote yes.
What was voted on in the 1967 referendum?
90.77% of the population voted to change the Constitution.
This referendum repealed section 127- and removed the words “other than the aboriginal race in any State” from section 51 (xxvi)- giving the Commonwealth power to legislate with respect to Indigenous Australians, along with all “races”, an so they could be included in the census.
Why was the 1967 referendum important?
Meet the accepted social and moral standards of the internation community regarding Human Rights
Removed any perception of discrimination against Indigenous people (in the Constitution).
Did the 1967 referendum give indigenous people the right to vote?
No, Some states (SA included) gave Indigenous men limited voting rights in 1856.
Women were allowed to vote in 1894.
The last state to grant voting rights was Queensland in 1965 (nb- the Mabo and Wik cases are all cases relating to Queensland).
In 1962 Indigenous people gained the same federal voting rights as all other adult Australians.
However, voting was not made compulsory for Indigenous Australians until 1984.
What impact has the executive had on Indigenous rights?
The executive has impacted Indigenous rights through the signing international conventions
Royal Commissions & inquiries
National apology
