U2 AOS3 Legal Revision

Question 1

What are human rights?

Answer 1

Human rights are the basic standards and entitlements that exist for all human beings regardless of personal characteristics.

Question 2

What is an example of a human right?

Answer 2

The right to education

Question 3

What is the Universal Declaration of Human Rights?

Answer 3

It is a document created by the United Nations in 1948 that outlines the common entitlements that should be afforded to all people across the nation.

Question 4

Why was the Universal Declaration of Human Rights (UDHR) significant?

Answer 4

It was considered the basis of international human rights declaration and is an aspirational document that influenced the actions of other governments.

Question 5

How does Australia protect human rights?

Answer 5

Through the Australian Constitution.

Question 6

What is the Australian Constitution?

Answer 6

The Australian Constitution establishes the way Australia operates regarding the composition of the parliament and the powers possessed by each branch.

Question 7

How does the constitution protect rights?

Answer 7

The constitution protects the 5 express rights, implied rights and the structural protection of rights.

Question 8

What are express rights and give examples.

Answer 8

Express rights are explicitly stated in the wording of the constitution and can only be changed or removed by changing the wording of the constitution through a referendum. The 5 express rights are:
1. The right to receive ‘just terms’ when property is acquired by Commonwealth.
2. The right to trial by jury for Commonwealth indictable offences
3. The right to interstate trade and commerce.
4. The right to freedom of religion
5. The right to not be discriminated against based on your state of residence.

Question 9

Describe one express right in the constitution and explain how this protects human rights in Australia.

Answer 9

One express right is the right to freedom of religion which means that all human beings are allowed to practice and believe their own religion without discrimination.
This express right protects human rights as the government can not impose any restrictions based on religious or other belief, allowing everyone the freedom to their religion.

Question 10

What is one strength and limitation of the constitution protecting express rights?

Answer 10

One strength would be that these rights impose limits on law making as they cannot breach these rights.
One limitation is that it is difficult to add to these rights as a referendum is time consuming and rare to achieve.

Question 11

What are implied rights?

Answer 11

Implied rights are not explicitly stated in the constitution, however has been interpreted by the High Court to exist.

Question 12

What is an example of an implied right?

Answer 12

The right to vote

Question 13

What is the structural protection of rights?

Answer 13

It involves the systems and mechanisms established by the constitution that ensures the governments actions achieve human rights protection.

Question 14

What are the 2 structures?

Answer 14

Representative Government and Seperation of Powers.

Question 15

What is the representative government and how does it protect human rights?

Answer 15

The representative government is a system which the members of parliament are elected by the people of a community to represent the needs and views of the people. This protects human rights by ensuring laws adapt to societal changes and stay relevant.

Question 16

What is the seperation of powers and how does it protect human rights?

Answer 16

The separation of powers is a principle that ensures no abuse of power in the bodies involved with the creation of laws and the administration of justice, by separating the government into 3 branches; legislative, judicial, and executive.
Seperation of powers protects human rights by keeping all the branches seperate therefore members of the legislative branch cannot exercise judicial power and members of the judicial branch cannot exercise legislative powers, while preventing one branch from having too much power and abusing it.

Question 17

Justify whether the government is able to pass laws which constitutionally invalid.

Answer 17

There are no mechanism that prevents parliament from passing laws that are constitutionally invalid however, if someone with standing took it to court, the law would be found invalid and removed by the judges.

Question 18

What is the Victorian Charter of Human Rights and Responsibilities (VCHRR)?

Answer 18

It is a piece of Victorian legislation that requires the Victorian Parliament to review bills and determine their compatibility with the rights set out in the charter.

Question 19

What are the strengths and limitations of VCHRR?

Answer 19

Strengths are that it ensures human rights are openly discussed when new laws are proposed and the mandatory statement of compatibility that ensures all laws need to pass the statement of compatibility, and there is an extensive protection of rights (the 20 rights in the charter).
Limitations are that Victorians cannot sure the Parliament for breaching the charters rights, pre-2006 legislation may not align with the human rights standards and VCHRR only applies to laws within Victoria.

Question 20

Describe the difference between statute law and common law.

Answer 20

Statute law is law made by the Parliament, while common law is law made by the courts when resolving a dispute with no law that can be applied.
The key difference is that statute law is made by the Parliament, whereas common law is made by the courts.

Question 21

How are human rights protected by statute law?

Answer 21

Racial discrimination ACT 1975 - states that it in unlawful to refuse a person residential accomodation on the basis of their race, colour, national or ethnic origin.
Equal opportunity ACT - states that an employer must not discriminate against a person based on their gender.

Question 22

How are human rights protected by common law?

Answer 22

Common law establishes principle regarding how legislation should be interpretated to uphold human rights, judges interpret statutes to clarify legislation and protect human rights, judges establish precedents to guide future human right cases and common law rights can become codified into legislation.

Question 23

How has Australia protected the rights of young people?

Answer 23

Australia has signed and ratified the United Nations Conventions on the Rights of the Child.

Question 24

What are the conflicting issues with the rights of young people.

Answer 24

The age of criminal responsibility being 10 and the age which Australians are allowed to vote is 18.

Question 25

What are 3 propose reforms and who supports those reforms regarding the rights of young people?

Answer 25

Increasing the age of criminal responsibility from 10 to 14 - supported by National Aboriginal and Torres Straight Islander legal services, The Greens Political Party, Victoria legal aid.
Lowering the voting age from 18 to 16-17 - supported by The Greens Political Party and Australian labor Party.
Increased funding for public schools - supported by save our schools, Australian Education Union and The Greens Political Party.

Question 26

What is the ‘Raise the age campaign’?

Answer 26

A campaign that advocates for the criminal responsibility to be raised from 10 to 14.

Question 27

How does raising the age improve human rights?

Answer 27

It will help support the Universal Convention on the Rights of the Child, will help prevent the harm associated with childhood imprisonment, and will help reconciliation efforts with First Nations people.

Question 28

Who supports and opposes the Raise the Age campaign?

Answer 28

Danial Andrews and The Victorian Greens Party both support. While, Shannon Fentiman and Mark McGowen oppose.

Question 29

Explain one argument for and one argument against changing the voting age for young people in Australia.

Answer 29

One argument for is that 16-17 year olds are impacted by political decision and deserve to be able to vote on things that impact then.
One argument against is that 16-17 year olds are not politically engaged and do not have political understanding to make a responsible choice.

Question 30

What statute law applies to the right to vote?

Answer 30

CommonWealth Electoral Act 1918 - states that all eligible citizens over 18 can vote in federal elections.

Question 31

What sections of the Australian Constitution apply to the right to vote?

Answer 31

Section 7 - requires all members of the Senate to be ‘directly chosen by the people’.
Section 24 - requires members of the House of Representative to be ‘directly chosen by the people’.
Section 41 - establishes that people who have the right to voice in state elections also have the right to vote in federal elections.

Question 32

What common law applies to the right to vote?

Answer 32

Roach v Electoral Commissioner (2007) - The high court declared that the 2006 law banning all prisoners from voting was invalid as it undermined the concept of a representative government under sections 7 and 24 of the constitution.
Rowe v Electoral Commission (2010) - The High court declared legislation that reduced the number of days for individuals to enrol to vote invalid as many individuals enrol, re-enrol or update their environment within 7 days of an election.

Question 33

What are the conflicting attitudes regarding the right to vote in Australia?

Answer 33

The age Australian citizens are allowed to vote is 18 and it is compulsory for all eligible citizens to vote at 18.

Question 34

What are the proposed reforms regarding the right to vote and who supports the reforms?

Answer 34

Lower the voting age to 16-17 - supported by Make it 16, Human rights law centre and Australian Youth Climate Coalition.
Introduce electronic voting - supported by Australian Electoral Commission, Vision Australia, Blind voting Australia and Australia Post.

Question 35

Describe the Roach v Electoral Commissioner case and explain how it protect one right for Australia.

Answer 35

The Roach v Electoral Commissioner case was initiated by Vickie Lee Roach who was serving a 6 year sentence when she challenged the government’s legislation that excluded all prisoners serving full-time sentences from voting. The High court found that legislation invalid under sections 7 and 24 of the constitution and the 2004 law of prisoners serving 3 or more years are to be excluded was upheld.
This case protected the right to vote as it impacted Commonwealths legislative power regarding voting eligibility.

Question 36

Who opposed and support the 2006 law that banned all prisoners from voting?

Answer 36

Common wealth government and Justice Hayne & Heydon support the law. Whereas, Vickie lee Roach (initiated the claim) and Human Rights Law Resource Centre (provided Roach with a Queen’s counsel to take the case to High Court) opposed the law.