Term 4 Flashcards
Moral Rights
Ethically correct actions, whether enforced by law or not
What are Legal Rights?
Are legally protected and enforced rights
Define Positive Rights
A guarantee of something
e.g the right to an eduction
what are Negative Rights?
The protection from interference
e.g Freedom of speech
Name Constitutional Rights in Australia
Jury Trial (s 80) Property can only be acquired on just terms (s 51(xxxi)) Freedom of Religion (s 112) Freedom of Political Communication implied by our right to vote
Alternatives to our system: US Bill of Rights (strength)
Provides lasting protection for human rights
May protect minority groups (e.g Indigenous Australians, Asylum seekers)
Set values for the country to learn and respect
Boost international image (Most other countries have a bill of rights)
Alternatives to our system: US Bill of Rights (weakness)
Unelected judges decide which rights are more important, giving the law making powers (unelected and potentially unaccountable?)
Outdated rights may be protected (such as the right to guns, protection to soldiers from entering property
Federal Legislation:
Largely protected rights through implementing international agreements (authority for doing so under s 51 (xxix) constitution- external affairs power).
Federal Legislation to be aware of: (Acts)
Racial discrimination act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
Disability discrimination act 1992 (Cth)
Age discrimination act 2004 (Cth)
State Legislation
States can pass any laws not covered by federal legislation as they hold residual powers under the constitution
State Legislation to be aware of:
Anti-discrimination 1991 (Qld)
Peaceful Assembly Act 1992 (Qld)
UN General Assembly
a body composed of representatives and is the general body for creating international agreements given an equal voice to vote on international treaties/convections
Equitable
Treating all people equally/ensuring equal outcomes
Access to justice
The ability to get legal assistance through lawyers or the courts
Just
Balancing the different rights/needs of different groups
Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)
Ensures that all new bills that enter parliament must recognize the rights and freedoms recognizes within international treaties Australia has signed
Independence the judiciary (rule of law)
Judges being able to make their own independent decisions without worry of reprisal, not being linked to the government
Rights
Expectations everyone has and they are inalienable, indivisible, and universal
Common Law
Rule against double jeopardy, right to silence, right to fair trial, right to representation.it is recognised in courts, made by judges and kept through the doctrine of precedent
Knowing the law
A clear system of law-making, laws aren’t made retroactively (they should only apply after passed, not before)
Ratification
The action of signing or giving formal consent to a treaty, contract, or agreement, making it officially valid.
International Courts
International courts of justice- established by the UN and settles disputes between countries based on voluntarily contributions.
International criminal courts- hears cases against war criminals
Treaty
a international agreement concluded in written form between two or more states (or international organisations and is governed international law)
reservation
A state can sign on to a treaty but with expectations to certain sections
double jeopardy
Prevents an individual from being tried twice for the same criminal offence
