Legal AOS 3 unit 2

Separation of powers

a principle stated in the constitution that ensures no one body becomes too powerful - it establishes 3 branches, executive, legislative and judiciary

Bicameral structure

requires 2 houses, house of representatives and the senate whom approve all bills

how are human rights protected

through the constitution, common law, statute law and the victorian charter of human rights and responsibilities

express rights

rights explicitly stated in the constitution, there are 5:

1. freedom of religion

2. acquisition of property on just terms

3. right to jury trial on indictable commonwealth offences

4. free interstate trade

5. restrictions on the powers of law-makers

Features of express rights

• they are entrenched

• can only be changed or removed through referendum

• fully enforceable

• are limitations on the law-making powers of government

representative government

The government is elected by the people and must therefore reflect the views and values of the people

Features of a representative government

• law-maker pass laws that protect the rights valued by the community

• regular elections hold the government accountable

• parliament has limited ability to pass laws that take away the right to vote

Constitution

a foundational set of rules that establish Australia’s system of government

What does the constitution rule on?

• how laws are made

• structure of parliament

• which parliament makes laws

• restrictions on powers of law-makers

implied rights

entitlements not explicitly stated in the constitution but the high court has found to be inferred in the constitution

what is the one implied right?

Freedom of political communication. fully enforceable, implied by the principle of ‘representative government’

what are the strengths of the VCHRR

• debate - ensures human rights issues are considered and debated publicly: creating a political risk for law-makers introducing laws that breach human rights

• New laws and human rights

what are the weaknesses of VCHRR

• No new legal claims

• only in victoria

• can be overriden

what is the VCHRR

Victorian charter of human rights and responsibilities is a legislation that protects human rights in Victoria and ensures every new law is reviewed in light of its impact on Victorians’ rights

what are some rights protected by the VCHRR

• protection from torture

• protection from slavery

• equality before the law

Features of VCHRR

• promotes new laws being developed in accordance with human rights

• ensures government bodies act in accordance with human rights (police, schools etc)

Human rights

Basic freedoms or standards that promote and uphold the dignity of all people.

Ratification

The action of signing or giving formal to a treaty or agreement, making it officially valid

Significance of the UDHR (Universal declaration of human rights)

It’s significant because it was the first international treaty, and inspired the creation of over 80 other international agreements. It has also been adopted by all members of the United Nations

How does statute law protect human rights?

It enacts legislation, providing widespread protection from discrimination and remedies for those whose rights have been breached

eg racial discrimination act

how does common law protect human rights?

ability of high court to overrule commonwealth laws that are seen as unconstitutional by deeming them ultra vires (invalid law against constitution)

e.g roach case (right to vote)

how does the constitution protect human rights?

Laws are fully enforceable

Express rights entrenched and hard to remove

common law

law created by judges when resolving a dispute when there is no applicable law or if existing law is unclear

statute law

laws created by victorian parliament and the commonwealth

Right to vote

The freedom or ability of the people to choose their leaders or representatives in an election

development of the right to vote

the universal declaration of human rights sets out basic human rights and freedoms that broadly acknowledge the right to vote e.g the right of all people to take part in government either directly or through freely chosen representatives

Laws that apply to the right to vote

• statute law (in the VCHR guarantees victorians’ right to vote in public election)

• the australian constitution

• common law

Right to vote possible reform

lowering the voting age to 16

Lowering voting age (FOR)

Australian greens party confirmed support for lowering voting age, to give them the opportunity to express their views and choose who governs the country

Lowering voting age (AGAINST)

Those against claim that young people lack the life experience, knowledge and maturity to cast an informed vote

Vicki Roach Case

Vicki Roach successfully challenged a law banning all prisoners from voting, with the High Court ruling it unconstitutional.

how does the Vicki Roach case impact the rights of individuals?

The Vicki Roach case strengthened individual rights by confirming that the right to vote is constitutionally protected and can't be removed without valid justification