Glossary-Protection of Rights Flashcards
Bill of Rights
A document that describes the extent of individual democratic and human rights
Entrenched Rights
Rights that are protected by a Constitution and can only be changed through the methods set out in the Constitution
Express Rights
Rights that are expressly referred to in a Constitution, Bill of Rights or a similar document. Some express rights are entrenched in the Constitution, this means they cannot be easily changed by an Act of Parliament.
Implied Rights
Rights that are not expressly referred to but are read into a Constitution by implication
Representative Government
Refers to a government that represents the views of the majority of the people
Separation of Powers
Refers to the fact that there are three seperate types of powers in our parliamentary system. These are legislative power, executive power and judicial power. Each type of power is exercised by a different institution.
Statutory Bill of Rights (entrenched)
A bill of rights that is a part of an Act of Parliament, and can be changed by amending an act of parliament
Structural protection of rights
Refers to the protection of rights contained in the structure and text of the Commonwealth of Australia Constitution Act 1900 (UK) which provides indirect protection of the rights of Australians in their dealings with the Commonwealth Parliament
Ultra Vires
Law that is beyond the legal power or authority of the body that created it.