Australian Constitution
The foundational legal document that sets out how Australia is governed, including the division of powers and a small number of protected rights.
The Australian Constitution
The right of citizens to participate in choosing their government through free and fair elections.
The right to vote
International inter governmental organisation that seeks to maintain peace and human rights
United Nations
What is statute law?
Parliament made law
Separation of powers branches
Executive, Legislative and judiciary
Rights that are clearly written in the Australian Constitution, such as freedom of religion and trial by jury for federal offences.
Express rights
The right of an accused person not to answer police questions or give evidence that could be used against them in court.
The right to silence
The United States document that seeks to protect fundamental rights
The Bill of Rights
Strength of statute law protecting rights
Can be amended
Language detailed and precise
Clear consequence if breached
Can be revoked relatively easily
Division of powers levels
Federal, state and local
Rights not directly written in the Constitution but found by the High Court through interpretation
Implied rights
The right to have legal disputes or criminal charges heard by an impartial and independent court, following fair legal procedures.
The right to a fair trial
A legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow
International treaty
Weakness of statute law protecting rights
Not permanent as parliament can change
Often includes limitations
Not as strong as the constitution
Two main roles of judiciary in Federal government
Interprets the constitution AND last court of appeal
Express right: The Commonwealth must pay a fair and reasonable amount for...
Property
The right to have personal information, communications, and private life protected from interference by others, including the government.
The right to privacy
An international document that outlines basic rights and freedoms which all humans are entitled
Universal Declaration of Human Rights
Explain how a statute law is made in detail
Lower house proposes a law and is voted on
Goes to upper house for amendments and vote
Passes back down again to lower house
Becomes law
Name the two main roles of the House of representatives
Makes laws and determines government
Express right: In regards to commerce
Right to free trade and commerce across the states
The right to be treated equally regardless of characteristics such as race, gender, religion, or disability.
The right to freedom from discrimination
A non-binding agreement between countries that sets out aspirations (hopes) of countries to achieve human rights
International declaration
Name a right protected by statute law
Right to privacy, right to security, right to freedom from discrimination....
Name the three main roles of the Senate of Australia
Reviews laws
Represents the states
Scrutinises bills through committees