Legal Studies Unit 2 AoS 3

Right

Legal, social, or ethical principles of freedom or entitlement.

Statute law

Laws passed by Commonwealth, state, and territory legislatures to protect rights.

Ratification

Adoption of rights outlined in a treaty, convention, or declaration, legally binding the nation.

Treaty

Formal document signed by countries to follow laws outlined in the document.

Declaration

Non-binding agreement between countries with agreed-upon aspirations.

Charter

Document setting out the basic rights and freedoms of citizens.

Abrogate

To cancel or abolish common law through passing an Act to Parliament.

Ultra vires

Law made outside the Parliament's powers, declared invalid by the courts.

Signatory

A state or organization that signed an international treaty to adopt it into legislation.

Directly

Judges protect rights through statutory interpretation or precedent.

Codification

Precedents confirming human rights and confirmed by Parliament.

Constitution

Legal document establishing the structure and law-making powers of a country.

Express rights

Rights explicitly stated in the Constitution and apply to all citizens.

Implied rights

Rights not explicitly written in the Constitution but exist through judicial interpretation.

Structural rights

Mechanisms established by the Commonwealth to indirectly protect rights and prevent abuse of power.

Enforcement

High Court, which interprets and applies rights protected by the Constitution.

International declaration

Non-binding agreement between countries with agreed-upon aspirations.

International treaty

Formal document signed by countries to follow laws outlined in the treaty.

Charter

Document outlining basic rights and freedoms in a state or country.

Ratification process

The process by which a treaty is adopted and implemented by a country's government and parliament.

Bill of Rights

The first ten amendments to the US Constitution that protect basic rights of Americans.

Limitation to rights

No laws that restrict the US government from making laws that prohibit religious expression and practices.

Supreme Court

Interprets and applies rights in the US, cannot be overridden by Congress.

Amendments to US rights

Requires support from 66% of Congress and 75% of state legislators.

Commonwealth, territory, and state legislation

Main ways rights are protected in Australia.

Common law

Rights protected through judicial precedent.

Limitation

Referendums required for changes to express rights in the Australian Constitution.

Charter or bill of rights

A document that strengthens rights protection and holds governments accountable.

Amendments of legislation

Changing laws to better protect the rights of specific groups, such as Indigenous peoples and asylum seekers.

Higher availability of legal aid and assistance

Increased funding for legal aid and organizations to ensure access to justice for all.