Statute Law
Which institution makes statute law in Australia?
Parliament (Commonwealth or state/territory).
What is the main source of common law?
Decisions made by judges in courts.
What is the highest law in Australia?
The Australian Constitution.
At what age can eligible Australian citizens vote in federal elections?
18 years old.
You have 8 identical-looking balls, but one is heavier than the others. Using a balance scale only twice, how can you find the heavier ball?
Divide them into 3, 3, and 2. Weigh 3 against 3.
Name the Victorian statute that protects a range of civil and political rights.
The Victoria Charter of Human Rights and Responsibilities Act 2006 (Vic).
What does precedent mean?
A legal principle from an earlier court decision used to decide a later similar case.
Why can common law be important in protecting human rights even when there is no specific statute protecting the right?
Because judges can develop legal principles through court decisions that recognise and protect rights.
Is the right to vote expressly written as a general individual right in the Australian Constitution?
No. Voting protection is mainly implied from the system of representative government, especially ss 7 and 24.
Which Australian animal is famous for cube-shaped droppings?
The wombat.
Give one strength of statute law for protecting human rights.
Statutes can be detailed and precise./ Human rights in statutes are generally enforceable and must be recognised by government organisations.
Which High Court case recognised native title and rejected terra nullius?
Mabo v Queensland (No 2) (1992).
What two majorities are normally needed to change the Constitution by referendum?
A national majority of voters and majorities in at least four of the six states.
What did the High Court decide in Roach v Electoral Commissioner (2007) about prisoners’ voting rights?
The Court found that a law banning all prisoners from voting was invalid, regardless of sentence length.
You are standing in a perfectly sealed boat floating in a swimming pool. You are holding a heavy metal ball. You throw the ball into the pool, and it sinks to the bottom. Does the water level go up, down, or stay the same?
Down.
When the ball is in the boat, the boat must displace water equal to the ball’s weight. Once the ball sinks, it only displaces water equal to its volume. Because the metal is denser than water, that volume is smaller, so the water level falls.
Give one weakness of statute law as a way to protect human rights.
Parliament can amend or repeal a statute, so its protection may change.
Give one practical limitation of relying on common law to protect a right.
A suitable case must reach a court, which can be costly and slow.
What happens if a common law right conflicts with a valid law made by Parliament?
The statute law will prevail over common law.
What test did the High Court apply in cases such as Roach and Rowe when deciding whether a restriction on voting is constitutionally valid?
The Court considers whether the restriction excludes people from voting and, if so, whether there is a substantial reason for that restriction consistent with representative government.
Which letter appears in no US state name?
Q.
Can a Victorian court invalidate a Victorian Act solely because it is incompatible with the Victorian Charter?
No. The Charter can guide interpretation and allow a declaration of inconsistent interpretation, but that declaration does not invalidate the Act.
Can Parliament change a common law rule? Give the basic condition.
Yes. Parliament can pass a valid statute to override a common law rule, subject to the Constitution.
What is the implied freedom of political communication: a personal right to say anything, or a limit on government power?
A limit on legislative and executive power that protects political communication necessary for representative government. It is not an unlimited personal right.
Why can the right to vote in Australia still be protected even without a single national Bill of Rights?
Because voting is protected through Australia’s system of representative government, together with constitutional and legislative protections.
You have 100 prisoners and 100 boxes. Each box contains one prisoner’s number, randomly placed. Each prisoner may open only 50 boxes. If every prisoner finds their own number, everyone survives. They may agree on a strategy beforehand but cannot communicate once it starts.
Is there a strategy that gives them a much better chance than random guessing?
Each prisoner first opens the box with their own number, then opens the box whose number they find inside, and continues following the chain. This gives the group about a 31% chance of everyone surviving, dramatically better than random guessing.