Unit 2 Human rights

Question 1

What are implied rights?

Answer 1

Rights that are not expressly stated in the Constitution, but are considered to exist by the High Courts interpretation of its meaning

Question 2

Rights in the Universal Declaration of Human Rights

Answer 2

Right to life
Freedom of opinion and expression
Right to education
Freedom of religion

Question 3

What is statute law?

Answer 3

Statute law are acts passed by the Commonwealth, state, and territory parliaments that protect some human rights.

Question 4

Examples of statutory rights

Answer 4

Right to vote - Electoral Act
Victorian Charter of Human Rights and Responsibilities
Privacy Act

Question 5

Negatives of statute law

Answer 5

• Can be confusing and more require interpretation by the High Court
• Don’t always allow a person to be awarded damages if their human rights have been breached

Question 6

One possible reform to the protection of rights in Aus

Answer 6

Expand the number of express rights which could only be changed by referendum, therefore protecting human rights

Question 7

What is common law

Answer 7

Court made law through interpretation of statute law

Question 8

Express rights?

Answer 8

Rights that are explicitly stated in the wording of the Constitution

Question 9

What was breached in Vickie Lee Roach?

Answer 9

Sections 7 and 24 of the Constitution

Question 10

What is said in sections 7 and 24 of the constitution

Answer 10

That people in the senate and house of reps must be chosen by the people of Australia

Question 11

Double majority

Answer 11

A voting system that requires a national majority of all voters in Aus as well as a majority of electors in a majority of states

Question 12

Referendum

Answer 12

Requires a proposal to be approved by the Australian people in a public vote by a double majority

Question 13

Weakness of common law

Answer 13

• not always easy to define
• can be abrogated by parliament

Question 14

Positives of statute law

Answer 14

• created by parliament who represents the people and their views
• can pass laws quickly
• can create new legislation as values change

Question 15

What are human rights?

Answer 15

A set of moral and legal guidelines that promote and protect a recognition of our values, identity, and ability to ensure an adequate standard of living
The basic standards by which we can identify and measure inequality and fairness

Question 16

Victorian charter of human rights and responsibilities?

Answer 16

An Act of parliament designed to protect and promote human rights in Victoria

Question 17

Express rights examples

Answer 17

right to trial by jury, right to religious freedom

Question 18

Implied rights examples

Answer 18

Only courts have the power to find someone guilty of an offence, freedom of political communication