Similarities In Constitutional Protection Flashcards
How are the countries similar in alteration of rights
For both rights can only be altered by amending their constitution
How are the entrenched rights similar
Both of the countries rights are fully entrenched in their constitution
Similarities between High/Supreme Court findings
Both courts found that the constitution contains implied right
Give an implied right for both countries
Freedom of political communication ( OZ )
Privacy ( USA )
Similarities on the rights of individuals in right infringement
In both countries an individual can bring a complaint about their rights being infringed
What happens in both countries if a court finds a section of an act to contravene an express right
Relevant section of the act is inoperable
Where are the rights fully enforceable in both countries?
By the courts
Who can change or amend an offending act in both countries
Parliament
What does separation of powers do for both countries?
Exists as a safeguard for abuse of power
How is representative government present in the constitution of both countries
Both countries constitution have a structurally protected right of representative government