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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.