AOS 3

Define right

a moral or legal entitlement to have or do something

What five fundamental rights are Australians entitled to?

Freedom of speech, freedom of association, freedom of movement, freedom of religion and freedom of assembly

How are the rights of Australian citizens are protected?

the UN, statute law, common law and the Australian Constitution

Define Australian Constitution

a set of rules and principles that guide the way Australia is governed. Is set out in the Commonwealth of Australia Constitution act

Define charter of human rights (or bill of rights)

a document that sets out the basic human rights and/or freedoms of the citizens in a particular state or country

Define common law

law made by judges through decisions made in cases

Define express rights

rights that are stated in the Australian Constitution. Are ‘entrenched’, meaning they can only be changed by a referendum

Define human rights

basic freedoms or standards that promote and uphold the dignity of all people, and are guaranteed by a moral sense of duty or by the law

Define human rights charter

the Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose is to protect and promote human rights.

Define implied rights

rights that are not expressly stated in the Australian Constitution but are considered to exist through interpretation by the High Court

International declaration

a non-binding agreement between countries that sets out the aspirations of the parties to the agreement

International treaty

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow obligations set out in agreement and include them in their own local laws

Statute law

law made by parliament

Universal declaration of human rights

an international document that outlines basic rights and fundamental freedoms to which all human beings are entitled; the declaration was adopted by the General Assembly of the United Nations in 1948

Define UN (United Nations)

a major international organisation established after the Second World War to maintain international peace, security and cooperation among nations

How does statute law protect the rights of Australians?

The commonwealth parliament has the power to pass legislation that applies to and protects the rights of all Australians

How does common law protect human rights?

When judges make decisions that resolve human rights disputes, judges may establish a precedent that protect these rights. Rights that are established in this way are called common law rights.

Define codification

to collect all law on one topic together into a single statute

define abrogate

to abolish or cancel a law

How does the Australian constitution protect rights?

protects five express rights. Express rights are rights that are stated in the Australian Consititution.

What is the US bill of rights?

Part of the constitution, is a list of broad rights/amendments that Americans have.