Rights Protection: The Australian Constitution (VCE SSCE Legal Studies): Flashcards

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Rights Protection: The Australian Constitution
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Express rights

Rights explicitly written in the Constitution

Implied rights

Rights found via High Court interpretation of Constitution

Referendum

Public vote needed to change the Constitution

Double majority

National majority + majority in 4+ states

Entrenched

Protected, requires referendum to change

Indictable offence

Serious offence heard before judge and jury in higher courts

Freedom of political communication

Most significant implied right; right to discuss politics

Representative government

System where elected members represent people's views

Section 80 express right

Trial by jury for Commonwealth indictable offences

High Court enforcement power

Can declare laws unconstitutional and invalid

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