Unit 2 - Area of Study 3 - Human Rights Flashcards
Human rights are:
Entitlements held by all human beings regardless of their background
Express rights are:
The rights held by individuals which are explicitly stated in the constitution.
The 5 Express Rights are:
The right to Acquire property on just terms
The right to trial by jury for all Commonwealth Indictable offences
The right to freedom of religion
The freedom of trade and commerce
To not be discriminated against based on your state of origin.
An implied right is:
A right not explicitly stated in the constitution however it is inferred
One example of an implied right is:
The right to vote
Statute law is
Laws created by parliament
An example of statute law which protects human rights is:
Anti-discrimination laws
Common law is
Laws made by the court where a previous law does not exist or the law needs to be interpreted.
True or false: The Australian Government must follow any human rights declarations made by the United Nations
False
One argument for rising the age of criminal responsibility for young people is
They do not have the mental capacity to commit crime.
Imprisonment would cause irreparable damage to them.
One argument against raising the age of criminal responsibility is.
There has been a significant increase in youth crime and this change could empower more.
Representative Government means:
That the government is selected by ‘the people’
The right to vote is a ________ right
Implied
Roach vs The Electoral Commissioner
A high court case involving voting rights of prisoners when the Commonwealth Government passed a law which banned voting for all prisoners.
The Separation of Powers refers to which 3 branches of law making?
Legislative, executive and judicial