Protection of rights; AUS VS USA Flashcards

1
Q

How are Australia’s rights protected?

A

Australia’s rights are entrenched meaning that they are contained in the constitution and to change or remove them, s128 must be followed ie the population must vote and agree on the process

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2
Q

How are America’s rights protected?

A

America’s rights are protected in their constitution too, however, they are organised into a bill of rights, neatlyn compiled together at the end of the constitution. Too, they are entrenched meaning that to change their rights, a referendum must be held.

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3
Q

How many entrenched rights does America have?

A

10

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4
Q

How many entrenched rights does Australia have?

A

5

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5
Q

How many implied right does Australia have?

A

1

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6
Q

How many implied right does America have?

A

1

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7
Q

What process allows the constitution for Aust and the USA to be changed?

A

Referendum

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8
Q

Under which process enables the discovery of implied rights?

A

High Court or Supreme Court interpretations of the constitution

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9
Q

The High Court is the __________ of the constitution

A

Protector

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10
Q

What are three rights protected by the Bill of Rights?

A

Right to bear arms; Second Amendment
Freedom from unreasonable searches and seizures; Fourth Amendment
Right to trial by Jury in civil cases; Seventh Amendment

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11
Q

What are three rights protected by the Australian Constitution?

A

S116 Freedom of religion
S117 Discrimination by residence in another state
S80 Right to trial by jury for an indictable offence

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