Legal SAC 5

Question 1

4 ways Australian rights are protected

Answer 1

• Statute law
• Common Law
• The Australian constitution
• International treaty’s/ declarations

Question 2

What is the key differences between an international treaty and a international declaration

Answer 2

A international treaty is a legal document which is legally binding between 2 nations, therefore they must carry out what is on the document, on the other hand a declaration is not a binding document therefore nations do not have to follow the rules within the document. (Sets standards for a nation to follow)

Question 3

2 strengths and 2 weaknesses of statute law in protecting rights in Australia

Answer 3

STRENGTHS
- Parliament has the ability to pass laws quickly if there is a need to promptly protect additional rights
- Statute are often detailed and precise and protect human rights specifically rather then being implied

WEAKNESSES
- Statute do not always to enable a person to gain any damages of there rights have been breached
- Parliament can include limitations or restrictions in statutes, so protected rights are not always absolute

Question 4

2 strengths and 2 weaknesses of common law in protecting rights in Australia

Answer 4

STRENGTH
- Courts and independent from parliament and can establish precedent free from political pressure
- Courts can make decisions to establish rights in areas where parliament has not established rights
WEAKNESSESS
- Parliament as the supreme law making bodies can abrogate common law rights
- courts must wait for a case to come before them to be able to declare the existence of rights

Question 5

2 differences of U.S and Australia in the protection rights

Answer 5

• AUS has signed and ratified more international treaty
• AUS has 5 expressed rights whilst the UUS has the bill of rights

Question 6

2 similarity of the U.S and Australia in the protection of rights

Answer 6

• Federal commonwealth parliament and congress govern the whole country
• High court of AUS and the U.S supreme courts have the ability to interpret the constitution and imply the existence of rights

Question 7

the 4 minority groups

Answer 7

• Asylum seekers
• Indigenous Australians
• People with disability’s
• people accused of terror related crimes

Question 8

Eddie Mabo

Answer 8

• fought from indigenous right sin AUS, and challenges the doctrine of terra nulleas, his impacts lead the acknowledgement of indigenous land and native title which we still respect to this day

Question 9

How can the national charter of human rights benefit Australia

Answer 9

It can help by strengthening human rights within Australia because the rights are clearly stated giving people the access to human rights