roles of domestic organisations

Question 1

order of enforceability in domestic ogrnaisations

Answer 1

constitution > statute> Common law > courts > media and NGOs

Question 2

the Constitution as a role of domestic organisation in incorporating international law

Answer 2

• lays down the system of law through which human rights are protected
• the Constitution puts in places checks and balances to ensure government accountability (separation of powers into executive, legislative, and judiciary > keeps them all accountable and means none of them can make arbitrary decisions)

EXPRESS AND IMPLIED RIGHTS
- expressed: right to freedom of religion, trial by jury, property ownership, trade between states, right to not be discriminated against the basis of your state
- implied rights: rights that can be inferred by reading between the lines. Such as freedom of political communication and the right to vote

Question 3

the statute as a role of domestic organisation in incorporating international law

Answer 3

• legislation enacted by government is enforceable through the usual means (e.g. police)
• for example, anti-Discrimination act 1977 (Cth) > freedom from discrimination

Question 4

the common law as a role of domestic organisation in incorporating international law

Answer 4

• judge made law (such as through case precedent)
• courts can enforce rights however have limited power to introduce new rights
• rights protected such as the right to a fair trial, right to be presumed innocent until proven guilty.
• • Less powerful than statute law
  • They are not fixed, can be removed/changed by statute law.
  • For example, anti-terrorism laws were criticised for removing longstanding rights
  • Judgements only define rights on a case-by-case basis.
  • E.g. high court has indicated right to privacy in a couple of cases but this was case specific.

Question 5

the courts and tribunals as a role of domestic organisation in incorporating international law

Answer 5

HIGH COURT
- can overturn legislation incompatible with constitutional rights
- can develop new rights through common law (e.g. developed the right to native title in MABO V QLD)
- can integrate international law in its decisions (can be influenced by international resolutions or treaties which Australia has ratified)

AHRC (AUSTRALIA HUMAN RIGHTS COMMITTEE):
- a tribunal which investigates and hears disputes regarding human rights
- independent national body investigating issues
- important in brining about reform because it regularly releases reports onto issues of human rights in australia and make recommendations to the government about how to help the issue

Question 6

the Media and NGOs as a role of domestic organisation in incorporating international law

Answer 6

• Organisations and groups which ‘name and shame’ human rights violators and promote govermment reform
• not enforceable, but rely on public support to generate pressure which in turn should shame governments into changing their laws
• important as they play a major role in changing political opinions and exposing human rights violations
• informing the public of human rights issues > puts pressure on govermment > change laws

NGOs
- organisations, generally charitable (such as Rights Australia and Civil Liberties Australia)

MEDIA
- TV programs/ facebook ads/ articles etc

Question 7

the Media and NGOs as a role of domestic organisation in incorporating international law

Answer 7

• Organisations and groups which ‘name and shame’ human rights violators and promote govermment reform
• not enforceable, but rely on public support to generate pressure which in turn should shame governments into changing their laws
• important as they play a major role in changing political opinions and exposing human rights violations

NGOs
- organisations, generally charitable (such as Rights Australia and Civil Liberties Australia)

MEDIA
- TV programs/ facebook ads/ articles etc