Part 2: The Individual & The Law Flashcards
ways the law impacts individuals by referring to legal & non-legal institutions, laws & media
Customary rights
rights to customs/social practices (i.e. religion & cultural expression) –> but not enforced by law
Moral/ethical rights
rights where a person feels they are entitled to something –> not enforced
Legal rights
rights protected by law
Australian citizenship rights
citizenship = basis of having legal rights
Constitutional rights
rights guaranteed by Australian constitution (limited)
Domestic rights
rights people have within their own nations
International rights
rights applying to everyone regardless of nationality/political system/government that exists within their own nation
Negotiation (ADR)
two parties talking issue out & coming to an agreement
Mediation (ADR)
two parties attempt to resolve dispute (satisfies both) with a mediator
Conciliation (ADR)
similar to mediation but the conciliator provides advice on solutions
Arbitration (ADR)
more formal but less than court (arbitrator hears both sides & provides solution with evidence)
Tribunals (ADR)
similar to arbitration & specialised in the issue
Courts (ADR)
last resort & most expensive & most longing process
MEDIA
Resolving dispute with state (non-legal)
writing a letter, media article
Members of parliament
Resolving dispute with state (non-legal)
individuals reach out to representatives of their electorate
Trade unions
Resolving dispute with state (non-legal)
group people in same industry there to protect workers’ rights & fair wages (i.e. teacher strikes)
Interest groups
Resolving dispute with state (non-legal)
NGOs that share the same political views
Internal review
Resolving dispute with state (legal)
gov decision makes an issue –> gov department makes review (but person must have had no input in decision)
Administrative (external review)
reviews decisions made by the Australian gov, ministers departments & agencies
Judicial (external review)
gov decision reviewed by the court
Ombudsman (external review)
one person appointed by parliament who reviews issues (independent ‘complaints department’)
STATUTORY BODIES
Australian Human Rights Commission, Independent Commission Against Corruption (ICAC), Royal Commissions (relation to commonwealth)
Civil liberties Australia
campaign for law reform
Office of the Australian Information Commissioner
promote & uphold your rights to government-held information
