Human Rights (EXAM)

Question 1

What are the two implied rights in Australia?

Answer 1

Freedom of political communication and the limited right to vote

Question 2

What three cases relate to the freedom of political communication?

Answer 2

Nationwide News v Wills (1992)
ACT Pty Ltd v Commonwealth (1992)
Lange v ABC (1997)
Monis v The Queen (2013)

Question 3

What cases decide what constitutes Political Communication?

Answer 3

Coleman v Power (2004)
Catch the Fire Ministries Inc v Islamic Council of Vic (2006)
Levy v Victoria (1997)
Monis v The Queen (2013)

Question 4

What is Parliamentary Privilege?

Answer 4

Freedom of speech and debate within parliament
Power to call people before the house
power to require documentation
Power to order arrest and imprisonment of persons whom the House has found guilty of contempt without showing any grounds for the arrest and imprisonment
Power to regulate its own proceedings
Immunity for statements made in the course of parliamentary proceedings; immunity of members from arrest for civil causes while they attend parliament; immunity of others form arrest in civil cases while acting as witnesses before the house
Parliamentary Privileges Act 1987 (Cth)

Question 5

What is the definition of human rights?

Answer 5

The group of rights which is believed to belong to every person

Question 6

What are the elements of human rights?

Answer 6

Universal
Indivisible
Equal and non-discriminatory

Question 7

What rights are protected by the constitution at a federal level?

Answer 7

Freedom of Religion S116
Right to trial by Jury S80
Right to just compensation S51 (xxxi)
Right against discrimination on the basis of out-of-State residence S117
Free Trade between states S92

Question 8

What rights are protected by the constitution at a federal level?

Answer 8

Freedom of Religion S116
Right to trial by Jury S80
Right to just compensation S51 (xxxi)
Right against discrimination on the basis of out-of-State residence S117
Free Trade between states S92

Question 9

What are the limits to the executive power?

Answer 9

Laws cannot go beyond the bounds of the laws that empower it (ie the constitution)

Can be limited by specific laws that are enacted for that purpose

Rule of law

Question 10

What three cases empowered the nationhood powers?

Answer 10

Davis v Commonwealth
Ruddock v Vadarlis (Tampa Case)
Pape v Commissioner of Taxation