Promoting and Enforcing Human Rights (HSC SSCE Legal Studies): Flashcards

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Human Rights in Australian Law
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Australia's treaty system type

Dualist - requires parliamentary legislation for enforcement

Ratification meaning

Formal approval making a treaty legally binding internationally

Separation of powers definition

Division of govt power between legislature, executive, judiciary

Express rights

Rights explicitly written into the Constitution

Implied rights

Rights inferred from Constitution's text, structure or purpose

Most significant implied right in Australia

Freedom of political communication

Australian Human Rights Commission main role

Investigates discrimination, conducts inquiries, advises govt

Common law rights vulnerability

Can be overridden by any act of parliament

External affairs power (s 51(xxix)) importance

Allows Commonwealth to legislate on treaty obligations

National Human Rights Consultation result (2008-09)

87.4% of submissions favoured a Charter of Rights

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