the individual and the law: your rights and responsibilities Flashcards
what are rights
enforceable beliefs expressing what a person is allowed to pursue, including legal or moral entitlement/permissions that cannot be taken away
what are express rights
clearly outlined rights in the constitution, such as freedom of religion or the right to trial by jury in commonwealth prosecutions.
what are implied rights
rights not explicitly written in the constitution but necessary for its proper functioning, like the right to freedom of political communication
what is statute law?
provides citizens with legal rights, for example, the anti discrimination act 1977 (NSW) prohibiting discrimination based on race.
what are common law rights?
rights established through common law, which can be overturned by statute law, such as the right do a fair trial.
what are responsibilities
legal or moral obligations towards another person, group, or society, like a parent’s responsibility to care for their children.
correlation between rights and responsibilities
illustrates the connection between rights (e.g., right to vote) and the corresponding responsibilities (e.g., obligation to ensure citizens votes are counted).
correlation between rights and responsibilities
illustrates the connection between rights (e.g., right to vote) and the corresponding responsibilities (e.g., obligation to ensure citizens votes are counted).
what are moral rights?
correct, reasonable behaviour in society that is not enforceable but binding on those who believe in them
what are legal rights?
rights explicitly given by law, binding within the jurisdiction to which the law applies
what is the bill of rights
a document specifying individuals entitlements from their government; Australia lacks a bill of rights, with rights protected through statute or common law
what is defamation?
the act of damaging a persons reputation through false statements, with legal protection if statements are true or based on honest opinion.
what is international protection of rights?
rights safeguarded in international agreements, like treaties (hard law) and declarations (soft law), e.g., UDHR containing rights such as freedom from slavery and right to life.
