Human Rights (VCE SSCE Legal Studies): Flashcards

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Rights protection: common law
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Common law

Legal principles from judicial decisions, not legislation

Precedent

Principle from a case followed by courts in similar cases

Common law rights

Freedoms established by judges when deciding cases

3 ways courts protect rights via common law

Establish new rights; recognise statutory rights; check validity

Ultra vires

Beyond the powers; law made outside parliament's authority

Codification

Parliament collects law on one topic into a single statute

Abrogation

Parliament abolishes or cancels a law

Right to silence

Protects accused from self-incrimination

Dietrich v The Queen (1992)

Established right to legal representation for serious crimes

Stay (court action)

Stop proceedings

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