Legal- Protection of Rights

laurenaytekin's version from 2016-05-03 01:26


Question Answer
What is referal of powers?When an individual state can refer (hand over) some of their powers to the Commonwealth
What is Structural protection?Systems, structures or mechanisms found in the constitution that operate to indirectly protect human rights by preventing the abuse of power.
What are express rights?Rights that are explicitly written within the wording of the constitution
What are the express rights listed in Aus constitution?Acquisition of property (S.51), Trial by jury (S.80), Freedom of interstate trade and commerce (S.92), Freedom of Religion (S.116), Freedom of interstate discrimination (S.117)
What is an implied right?A right not expressly stated, but inferred from a broad interpretation of the Constitution.
Name the only implied right?Freedom of political communication- on matters concerning politics and government.
What was Roach V. Electoral Commissioner (2007)Roach questioned the validity of certain amendments to the electoral act which prohibited prisoners from voting.
How did Roach V. Electoral Commissioner (2007) help protect rights?It meant that rep govt could act as a limit on the powers of commonwealth parl, which cannot legislate away the right to vote without good reason.
What is a bill of rights?A document dealing with democratic, civil or political rights, rather than social or economic rights.
What is common law?A system of law based on judge-made law or case law, as opposed to legislation or statute law.
What is one difference with South Africa Bill of rights?South Africa has an extensive list of express rights relating to social, cultural and economic rights.
What is another difference with South Africa Bill of rights?South Africa courts can offer remedies to parties whose freedoms have been infringed
What is one similarity with South Africa Bill of rights?Express rights are entrenched and can only be changed by the mechanism used to change the constitution
How can express rights be changed in South Africa?THrought a support from a two- thirds majority of the national assembly (6/9 provinces)
What is another similarity with South Africa Bill of rights?Rights are fully enforceable by courts. The roles of the courts (upper/lower) operate the same as Aus

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