SHORT RESPONSE Flashcards
what is article 3 of the UDHR
Everyone has the right to life, liberty and security of person.
what is article 6 of the UDHR
Everyone has the right to recognition everywhere as a person before the law.
what is article 9 of the UDHR
No one shall be subjected to arbitrary arrest, detention or exile.
what the different types of human rights?
civil and political
economic, social and cultural
collective rights.
what does clause 39 of the magna carta mean
No free man is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land.
what does clause 40 of the magna carta mean?
to no one will we sell, no one deny or delay the right to justice.
the right to representation and innocent until proven guilty.
the right to a fair trial.
what is the magna carta?
- written by a group of 13th century barons to protect their rights and property against a tyrannical king.
- concerned with many practical matters and specific grievances relevant to the system under which the barons lived.
- its principles have been incorporated into the common law of many nations and embodied in such momentous documents as the United States declaration of independence and constitution, the universal declaration of human rights, and of course Australia’s own constitution.
- The magna carta lies at the heart of Australian parliamentary democracy.
what does UDHR mean
Universal Declaration of Human Rights
what does ICCPR mean
International Covenant on Civil and Political rights
what does ICESCR mean
International Covenant on economic, social and cultural rights.
what is the international bill of human rights?
outline fundamental human rights and freedoms recognized and protected worldwide. documents are the UDHR, ICCPR, ICESCR.
What are implied rights?
they are not clearly outlined in the Australian constitution.
- are found by reading between the lines of the constitution.
are derived from a particular definition or interpretation of keywords or phrases.
- are more flexible because they can be revised, re - examined, changed or overruled by the high court.
what are some of the notable implied rights?
- the freedom of speech.
- certain democratic rights of freedom
- voting rights.
how is the magna carta relevant today in Australia
The human rights, legal system, and Constitution that many Australians take for granted today have their roots in the Magna Carta.
They guided the establishment of the rule of law in the penal colony.
what is the difference between implied and expressed rights?
These terms may broadly be classified as express terms (those articulated by the parties - whether in written or oral form) or implied terms (those the parties did not articulate but may be implied based on the presumed intention of the parties or by statute).
implied - not clearly written into the constitution
expressed - are written in the constitution.