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a. Using one example, define the term ‘express rights’: An express right is a specific right that is explicitly stated within a legal document or constitution - VCE - SSCE Legal Studies - Question 7 - 2014 - Paper 1
Question 7
a. Using one example, define the term ‘express rights’: An express right is a specific right that is explicitly stated within a legal document or constitution. An... show full transcript
Worked Solution & Example Answer:a. Using one example, define the term ‘express rights’: An express right is a specific right that is explicitly stated within a legal document or constitution - VCE - SSCE Legal Studies - Question 7 - 2014 - Paper 1
Step 1
Using one example, define the term ‘express rights’
Answer
An express right is a specific right that is explicitly stated within a legal document or constitution. An example of an express right in the Australian Constitution is the right to freedom of religion as detailed in Section 116. This section prohibits the Commonwealth from establishing a religion or imposing religious observance, thereby protecting individuals' rights to practice their own religion freely.
Step 2
Explain the significance of one High Court case that relates to the constitutional protection of rights in Australia.
Answer
High Court case used: Australian Capital Territory v. Commonwealth (2006)
The case of Australian Capital Territory v. Commonwealth is significant as it addresses the constitutional protection of rights relating to the freedom of political communication. The High Court ruled that the Constitution implicitly protects the right to free political communication, as it is essential to the system of representative government enshrined in the Constitution. This decision reinforces the importance of free speech in democratic processes, ensuring citizens can debate and discuss political issues without restriction. Furthermore, this case illustrates the judiciary's role in safeguarding individual rights against legislative encroachment, highlighting the dynamic relationship between law and democracy in Australia.