rights Flashcards
outline the Australian Constitution:
a set of rules and principles that guide the way Australia is governed. The Australian Constitution was passed by the British Parliament. The Australian Constitution protects a limited number of rights of Australian people.
outline the Victorian Charter of Human Rights and Responsibilities
sets out the basic rights, freedoms and responsibilities of the Victorian people. It requires bodies such as the Victorian Parliament, state and local government departments and organisations to act in a manner that complies with and upholds the basic human rights in the Charter.
outline statute law
parliaments have passed many statutes that outline and protect a broad range of rights in Australia. eg the right to privacy, the right to vote and the right to security of person
outline common law
law that has have been established by the state and federal courts through precedent. eg the right to freedom of movement, the right to a limited freedom of speech and the right to legal representation.
the laws that applied to Dietrich’s case
Smuggling 70 grams of heroin - Being in possession of an illegal drug
Not having proper legal representation in court - International Covenant on Civil and Political Rights (1966)
outcome of Dietrich’s case + impact on the individual and legal system
Dietrich did not get a retrial as he had already served time.
The impact of the decision in this case was that, because of the unfair case that Dietrich had, the High Court established a common law right that an individual who is charged with a serious offence has a right to legal representation.
conflicting attitudes in Dietrich’s case
some people believe we shouldn’t have the right to legal representation as it is funded by our tax dollars, and people should have to face the consequences. Others believe the right to legal representation is a human right, and that it will ensure a fair and equal case is heard.
