Part 2: The Individual & The Law Flashcards

ways the law impacts individuals by referring to legal & non-legal institutions, laws & media

1
Q

Customary rights

A

rights to customs/social practices (i.e. religion & cultural expression) –> but not enforced by law

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2
Q

Moral/ethical rights

A

rights where a person feels they are entitled to something –> not enforced

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3
Q

Legal rights

A

rights protected by law

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4
Q

Australian citizenship rights

A

citizenship = basis of having legal rights

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5
Q

Constitutional rights

A

rights guaranteed by Australian constitution (limited)

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6
Q

Domestic rights

A

rights people have within their own nations

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7
Q

International rights

A

rights applying to everyone regardless of nationality/political system/government that exists within their own nation

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8
Q

Negotiation (ADR)

A

two parties talking issue out & coming to an agreement

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9
Q

Mediation (ADR)

A

two parties attempt to resolve dispute (satisfies both) with a mediator

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10
Q

Conciliation (ADR)

A

similar to mediation but the conciliator provides advice on solutions

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11
Q

Arbitration (ADR)

A

more formal but less than court (arbitrator hears both sides & provides solution with evidence)

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12
Q

Tribunals (ADR)

A

similar to arbitration & specialised in the issue

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13
Q

Courts (ADR)

A

last resort & most expensive & most longing process

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14
Q

MEDIA
Resolving dispute with state (non-legal)

A

writing a letter, media article

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15
Q

Members of parliament
Resolving dispute with state (non-legal)

A

individuals reach out to representatives of their electorate

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16
Q

Trade unions
Resolving dispute with state (non-legal)

A

group people in same industry there to protect workers’ rights & fair wages (i.e. teacher strikes)

17
Q

Interest groups
Resolving dispute with state (non-legal)

A

NGOs that share the same political views

18
Q

Internal review
Resolving dispute with state (legal)

A

gov decision makes an issue –> gov department makes review (but person must have had no input in decision)

19
Q

Administrative (external review)

A

reviews decisions made by the Australian gov, ministers departments & agencies

20
Q

Judicial (external review)

A

gov decision reviewed by the court

21
Q

Ombudsman (external review)

A

one person appointed by parliament who reviews issues (independent ‘complaints department’)

22
Q

STATUTORY BODIES

A

Australian Human Rights Commission, Independent Commission Against Corruption (ICAC), Royal Commissions (relation to commonwealth)

23
Q

Civil liberties Australia

A

campaign for law reform

24
Q

Office of the Australian Information Commissioner

A

promote & uphold your rights to government-held information