Topic 1 Flashcards
Explain the right to Territorial Integrity, and where is it outlined in the United Nations Charter
The right to territorial integrity is held in section 1 of Article 2 and outlines the state’s ability to govern itself within its territory and defend their borders, it also provides them with legal control over their own land and sea resources.
Explain the right to Political Independence, and where is it outlined in the United Nations Charter
The right to political independence is held in section 4 of Article 2 provides each state with the right to choose their own political systems under their own discretion and endorse it without influence.
Explain the right to Sovereignty, and where is it outlined in the United Nations Charter
The right to sovereignty is held in section 4 of Article 2 and provides a state with the right to govern themselves and have total control over the governance within a geographical area without influence from the UN or other nation states.
Explain the right to Equality, and where is it outlined in the United Nations Charter
The right to equality is held in section 1 of Article 2 and ensures that all states are considered equal when interacting within and between UN and other member states.
Explain the process by which treaties come to be ratified into domestic law in Australia, including the role of reservations. Make reference to section 51 and 61 of the Australian Constitution
Ratification is the process of accepting treaty obligations into domestic law that exist in an international treaty.
The process begins when the executive branch signs onto the treaty - empowered by s 61 of the Constitution on behalf of the executive government.
The executive then nominates which Articles of the treaty will be reserved.
The legislative branch drafts a Bill in Australia including language and concepts that reflect those treaty obligations - empowered by s 51
The content or obligations of Articles that have been reserved are left out of the domestic Bill
The Bill is presented to the upper and lower house and they vote on the Bill.
If it is successful, it becomes part of our domestic law.
Explain the difference between express and implied constitutional rights. Provide an example of each type of right
An express right is a right that is directly written into the Constitution, whereas, an implied right is a right the judiciary has read into or interpreted into the Constitution.
For example, an implied right could be freedom of political communication - to talk about our government so that we can participate effectively in elections - and freedom from discrimination.
For example, an express right could be religious freedom and the right to have a trial by jury.
What does the International Bill of Rights aim to provide, and what are its components?
Consists of:
Universal Declaration of Human Rights (UDHR)
International Covenant on Economic, Social, and Cultural Rights (ICESR)
International Covenant on Civil and Political Rights (ICCPR)
Provides a framework and outline of basic human rights that should be owed to every human.
What is the difference between a Covenant, Treaty, and Convention?
Treaty -
A treaty is a formal, legally binding written agreement between actors in international law
Covenant-
An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something.
Convention -
An accord between states or nations which resembles a treaty: ordinarily applied to agreements prior to an execution of an official treaty or which serve as its foundation
Explain the role of the Australian Constitution (including the foreign affairs power withins 51) in protecting express and implied human rights in Australia.
The Australian Constitution protects express and implied human rights in Australia as it:
- Can only be changed by referendum which relies on the support of the people of Australia
- Binds all branches of government which ensures that a single branch cannot act inconsistently with other branches
-Allows courts to invalidate laws passed by Parliament which ensures that the Constitutional law is not bypassed by domestic laws
-And Section 51 provides the Commonwealth Parliament with the power to ratify human rights treaty obligations which enables Australia to align its laws with international laws
How are treaties ratified into domestic law?
The executive signs on and makes reservations, a Bill is drafted and voted
What is accession to a treaty?
A state signs a treaty that has already come into effect between states
What are the four rights of UN Member States under the UN Charter?
Sovereignty, equality, territorial integrity, political independence
What did the Protocol Relating to the Status of Refugees do?
Apply the Convention without temporal or geographical limits
When was the Magna Carta created and what key human rights did it create
1215, and the rule of law, and the right to a fair trial
What is the role of the foreign affairs power in s 51 of the Australian Constitution
To empower the legislature to make laws with respect to treaty obligations
