Week 5

Question 1

The Right to Protest and Assembly

Answer 1

Right of individuals and groups to meet and to engage in protest, often by publicly expressing opposition to the government.

Article 21 of the ICCPR provides the right to peaceful assembly

The right to protest is not expressly protected by the Constitution. It falls best under the implied freedom of political communication.

Section 22 of the Human Rights Act 2019 (Cth) protects the right to peaceful protest and freedom of assembly

Possible limitations:
Violent protest
Disruptive protest

Question 2

Australian Constitution - express and implied rights

Answer 2

Constitution provudes the strongest avenue for protection of rights
Can only be changed by referendum
Binds all branches of government
Allows courts to invalidate laws passed by Parliament

Australia has bery limited constitutional rights, including no constitutional Bill of Rights

The Foreign Affairs Power (S51) gives the Comm. Parl. the power to ratify Australia’s human rights treaty obligations.

Express Rights (rights written in Cons.)
s41 - right to vote
s51 - the right to be compensated if the Comm. acquires your property
s80 - right to trial by jury
s116 - freedom of religion - no state religion, and no laws prohibiting religious exercise
s117 - right to not be discriminated against for state of residency

Implied Rights
freedom of political communication
right to due process in criminal matters

Question 3

Right to Free Speech

Answer 3

Right to state opinions and ideas without being stopped or punished, especially by the government

Article 19 of the ICCPR provides the right to freedom of speech and the right to hold opinions wihtout interference

The right to freedom of expression is protected by s21 of the Human Rights Act 2019 (QLD)

Possible Limitations
Prevent harm to others
Hate speech
Privacy