Human Rights Law T2 Flashcards
What is a Right?
A moral or legal entitlement to have or do something.
What are Express Rights?
Rights explicitly stated in the wording of the Australian constitution
Freedom From Discrimination on the basis of the State in which you live
Section 117
An exception is only allowing residents to vote in a state election.
Freedom of Religion
Section 116
Nations cannot declare a national religion nor prohibit a religion.
Freedom of Movement
Section 92
Free interstate trade & commerce; the movement of people, goods, and communications across state boarders shall be free.
Trial by Jury for Indictable Commonwealth Offences
Section 80
A person charged with a commonwealth offence will be tried in the state where the offence was committed.
Compulsory Acquisition
Section 51 (xxxi)
Any acquisition of property by the commonwealth from any state or person must be on ‘just terms’ (required to give compensation)
*Does not apply to acquisition by states
What is the Australian Constitution?
The Highest law in Australia, the most important document in Australia’s legal system.
What is an implied Right?
Rights not explicitly stated in the wording of the Australian Constitution, but are considered to exist by the high court.
Interpretation of the express words within the constitution –> may be made clearer or confirmed in later cases.
What is a Referendum?
A national vote to change the wording of the constitution (add or delete words).
What is an International Declaration?
A document that outlines a set of standards to which nations voluntarily agree, but are not legally bound to uphold or implement.
What is an international treaty?
An agreement between countries (or international organizations) to be bound by international law.
What do optional Protocols do?
Specify the procedure for achieving the aims of the main treaty.
What is ratification?
When parliament passes legislation to give effect to the obligations of the treaty and to make it legally binding.
What is the international court of Justice?
The principal judicial organ of the United Nations. Has its seat in the Hague.
