How Do We Protect Rights In Australia Flashcards
What is Australia the only western nation NOT to have?
A bill of rights
How are rights mainly protected in Australia?
Through legislation and common law approach
What are the means in which rights are protected under the constitution? (3)
- structural protection
- express rights
- implied rights
What are the structural protection of rights?
When the structure and text of the constitution provides some rights
Give an example of a structurally protected right
The limited right to vote
What are express rights?
Rights that are specifically mentioned in the commonwealth constitution
How many express rights are there?
5
Give an example of an express right
Freedom of religion
What is an implied right?
Rights implied in the constitution or in a high court decision
Give an example of an implied right
Freedom of political communication