Unit 2 Legal AOS 3 rights

Section 117 of the Constitution

The right not to discriminated against on the basis of the state you reside in

Section 116 of the Constitution

Freedom of religion

Section 51 *31 of the Constitution

property acquired must be on just terms

Section 92 of the Constitution

Trade and commerce rights eg trade between states must be tax free

Section 80 of the Constitution

The right to trial by jury for commonwealth indictable offences

Express Rights

rights which are clearly stated in the constitution, they are known as entrenched as they can only be changed via referendum

Implied Rights

a right which was intended by the drafters of the constitution but is not explicitly stated instead the High court interprets the wording and structure of the constitution to imply the right

Referendum process

step 1: passed through both houses of federal parliament step 2: a majority of voters in australia as a whole and a majority of states must be in favour (double majority) step 3: royal assent is given by the governor general of australia

Section 128 of the Constitution

Referendum outlined in constitution

Section 7 of the constitution

states that the senate must be composed of members chosen by the people (representative government)

Section 24 of the Constitution

states that the house of representatives must be composed of members chosen by the people