Human Rights (VCE SSCE Legal Studies): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Common law
Common law
Legal principles from judicial decisions, not legislation
Precedent
Precedent
Principle from a case followed by courts in similar cases
Common law rights
Common law rights
Freedoms established by judges when deciding cases
3 ways courts protect rights via common law
3 ways courts protect rights via common law
Establish new rights; recognise statutory rights; check validity
Ultra vires
Ultra vires
Beyond the powers; law made outside parliament's authority
Codification
Codification
Parliament collects law on one topic into a single statute
Abrogation
Abrogation
Parliament abolishes or cancels a law
Right to silence
Right to silence
Protects accused from self-incrimination
Dietrich v The Queen (1992)
Dietrich v The Queen (1992)
Established right to legal representation for serious crimes
Stay (court action)
Stay (court action)
Stop proceedings
