Nature of Individual Rights (HSC SSCE Legal Studies): Flashcards
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Practise the cards
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3 main legal sources of individual rights in Australia
3 main legal sources of individual rights in Australia
Constitution, statutory law, common law decisions
Constitutional right in s116
Constitutional right in s116
Right to religious freedom
Statutory rights
Statutory rights
Rights created by legislation passed by Parliament
Common law rights
Common law rights
Rights from judicial decisions rather than written laws
Right established in Dietrich v R (1992)
Right established in Dietrich v R (1992)
Right to legal representation for serious criminal charges
Duty of care - landmark case
Duty of care - landmark case
Donoghue v Stevenson [1932]
Key difference: legal rights vs moral rights
Key difference: legal rights vs moral rights
Legal rights enforceable through courts; moral rights not
Bill of rights definition
Bill of rights definition
Document specifying fundamental rights & freedoms from govt
Australia's bill of rights status
Australia's bill of rights status
Only Western democracy without a bill of rights
Argument against Australian bill of rights
Argument against Australian bill of rights
Judges would override elected Parliament (undemocratic)