lagal human rughts

human rights

human rights are entitlements and liberties that exist for all human beings regardless of any personal qualities or characteristics.

why do we recognise rights

human rights are basic entitlements that all people around the world agree are essential for maintaining a cohesive and functioning society. upholding and recognising these rights is a fundamental concept of democratic societies that promote safety, freedom and autonomy

types: civil and political

right to vote, right of privacy, freedom of speech

types: economic, social,and cultural rights

right to work,education, non discrimination

constitutional protection of rights

the australian constitution is a special type of statute law that sets out the rules and fundamental principles for how australia is governed

key features

can only be changed with approval of the commonwealth parliament and the people with a referendum, words and phrases can be interpreted by the high court, the rules, principles, and rights listed in the constitution are enforced by the high court to prevent an abuse of power from the parliament/ or government

express rights

express rights are legal entitlements specifically written/listed in the constitution that act as a restriction for the law making power of parliament

5 express rights

freedom of religion, freedom of interstate travel, freedom of discrimination based on state of residence, right to trial by jury, commonwealth must provide 'just terms' when acquiring property

rules of express rights

these rights can not be removed by parliament alone. any changes to the right must be approved by the australian people through a referendum

implied rights

implied rights are rights that exist because the high court interpreted the constitution and decided that certain words/phrases imply that other rights exist. these rights are not found within the text of the constitution and therefore are not entrenched, meaning they can be removed by the high court in a future case.

structural protection

structural protections are rights which are protected by mechanisms contained in the structure of the australian constitution

structural protections: separation of powers

the functions of government are held by 3 separate bodies to prevent the abuse of power from any 1 body. parliament makes law, executive government administers and implements law, and courts interpret and apply/enforce law

responsible government

minsters should be held responsible and accountable for their actions

representative government

members of the government are elected by the people and are therefore responsible for their views/values in the laws they pass. If they dont, the people can vote them out in a regular election

Statute Law

statute law is a body of law created by the parliament, contained in acts

features of statute law

most common protection of rights in australia, can be protected by commonwealth parliament or state parliament, can be removed at any time (not entrenched)

Victorian charter of human rights

an act of the victorian parliament that sets out and recognises the basic rights, responsibilities and freedoms of the victorian people. it requires bodies such as vic parliament and government to act in a manner that complies with these rights.

5 vchr

right to take part in public life, right to protection from torture and cruel treatment, freedom of thought, right to life, freedom of movement 9

common law

common law is a body of law created by court through judicial decisions contained in court judgements

common law protection of rights

judges may establish new rights when interpreting statute law (including the constitution) or when deciding a novel case