role of australian constitution Flashcards
express rights
the rights that are clearly and explicitly outlined in legislation
1st express right
freedom of religion, which prevents establishment of a state religion or the parliament creating laws which impose any form of religious ceremony or worship, or prohibit the exercising of any religion
2nd express right
freedom from discrimination between states, which protects citizens from being discriminated by the laws of a different state
3rd express right
freedom of trade between states, which allows for trade and commerce to occur between states without charge)
4th express right
right to trial by jury, which guarantees the right to trial by jury for any Australian citizen accused of an indictable offence
5th express right
right to just acquisition, which means that the government can acquire property on just terms.
implied rights
provides the public with constitutional protections from the excessive power of the executive government and the parliament
1st implied right
right to freedom of political communication, means that people and media should be free to communicate o matters of politics and government, s 7 and 24 of Consitution state that parliament must be chosen by the people
2nd implied right
right to vote, resides with the people and is governed by Commonwealth electoral act, s 7 and 27 states that HOR and senate has to be directly chosen by the people and a vote is held
what are powers of parliament
s40 right to vote, s51 acquisition of property, s80 trial on indictment, s116 commonwealth shouldn’t make establishing religion a law