short answers Flashcards
How are human rights protected by the Australian Constitution? (5 marks) (2014 HSC)
The Australian Constitution expressly/explicitly recognises some human rights including
-the right to vote
-protects an individual’s freedom of religion from government interference.
-also provides an accused person the right to trial by jury for serious offences.
- implied right to freedom of speech .
- The separation of powers between the judiciary, legislature and executive, as outlined in the Constitution, protects individuals against the arbitrary exercise of government power.
example : the Queensland Coast Islands Declaratory Act 1985 was inconsistnet with the racial discrimination act 1975, exposing invalidity in the courts in the mabo case
- the federal gov/exclusive powers are given power to implement international matters of HR into Aus.
Explain how the separation of powers can protect human rights in Australia. Use an appropriate example to support your answer (5 marks) (2018 HSC)
no one arm of the government has too much power and allows for checks and balances e.g. no political party or member of the government can interfere with the decisions made by a judge or magistrate.
important to avoid the arbitrary abuse of power and to uphold the rule of law.
Both the legislature and the judiciary can make laws to protect human rights
e.g. the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) limits the powers of the executive (police)
in Dietrich v The Queen (1992) the High Court judges protected the right to legal representation.
Separation of powers enables people to challenge laws made by the parliament in court if they believe the law contravenes their human rights
e.g. Mabo v Queensland (1992). Separation of powers protects human rights by ensuring that no one is above the law and providing fairness and access to the law.
example : the Queensland Coast Islands Declaratory Act 1985 was inconsistnet with the racial discrimination act 1975, exposing invalidity in the courts in the mabo case
Describe how the common law in Australia promotes and enforces human rights. Use an appropriate example to support your answer (4 marks) (2017 HSC)
The common law enforces statutes that may be based on treaties or declarations. It promotes human rights by applying precedent or creating precedent where none exists. Judges make decisions based on evidence presented and make legally binding decisions. Courts promote human rights by providing access to judgements that are used as precedents, both in courts and the general community. An example is the Toonen case. The Toonen case is a good example of how the common law promotes and enforces human rights. The case allows a court to recognise and apply an international decision.
Explain the role of courts in protecting human rights in Australia (5 marks)
Domestic courts prosecute those who have allegedly breached human rights but cover a wider range of human rights abuses and are less time and resource consuming than international courts. This can be seen in the R v Wei Tang case in 2008 where it took less than a year for the High Court to uphold the conviction for slavery. However, in countries without legislation banning human rights abuses, offenders may not be prosecuted in domestic courts but may actually be protected from prosecution. If an offender is a person in power, they may be protected from prosecution in both international and domestic courts.
what are the domestic legal measures of HR - contemp issue
-partake in divisions 270 & 271 of CTH code act 1995.
-R v Wei Tang (2008)
- the case of R v Wei Tang (2008) reflects the effectiveness of the law and its changing refinements. This case specifically brought light to the role of common law as the case inaugurated a reform in terminology through an amendment by introducing terms such as ‘debt bondage’ and ‘forced labour’.
-the modern slavery act 2018
– Commonwealth Government Anti-Trafficking Strategy increased specialist training and funding for the Australian Federal Police (AFP) to detect and investigate human trafficking (RESOURCE EFFICIENT)
wat are the international legal measures of HR
- the UDHR
- ## The protocol to punish, prevent and supprass human trafficking esp for women n children
what are non-legal domestic measures of HR
documentary : Trafficked 2018
Media : ABC news
the Anti-Slavery Project, the only specialist centre providing free legal and migration services to people who have experienced or are at risk of modern slavery in Australia (including providing advice and assistance on immigration, citizenship, employment law, family law, criminal law and victims’ compensation. Victims can contact them directly through their national advice hotline.
what are non-legal international measures of hr
- the documentary “trapped”
