Which right is NOT entrenched within the Australian Constitution?
(A) The right to vote
(B) The right to property
(C) The right to education
(D) The right to a jury trial - HSC - SSCE Legal Studies - Question 5 - 2008 - Paper 1
Question 5
Which right is NOT entrenched within the Australian Constitution?
(A) The right to vote
(B) The right to property
(C) The right to education
(D) The right to a j... show full transcript
Worked Solution & Example Answer:Which right is NOT entrenched within the Australian Constitution?
(A) The right to vote
(B) The right to property
(C) The right to education
(D) The right to a jury trial - HSC - SSCE Legal Studies - Question 5 - 2008 - Paper 1
Step 1
The right to vote
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Answer
The right to vote in federal elections is protected by the Australian Constitution under Section 7 and Section 24. Therefore, it is entrenched.
Step 2
The right to property
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Answer
The right to property is acknowledged in the Constitution, specifically in Section 51(31), which allows the government to acquire property under certain conditions. However, it is not an absolute right.
Step 3
The right to education
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Answer
The right to education is not specifically mentioned in the Australian Constitution and is generally established through legislation and state laws, making it not entrenched within the Constitution.
Step 4
The right to a jury trial
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Answer
The right to a jury trial is guaranteed in federal matters by Section 80 of the Australian Constitution, thereby making it entrenched.
