Podcast
Questions and Answers
What major impact did the forced removal of First Nations children have on current generations?
What major impact did the forced removal of First Nations children have on current generations?
It resulted in intergenerational trauma among First Nations communities.
What is the difference between international treaties and international declarations?
What is the difference between international treaties and international declarations?
International treaties are legally binding agreements, while international declarations are non-binding agreements that outline aspirations.
How does the Australian Constitution protect human rights?
How does the Australian Constitution protect human rights?
It protects a limited number of rights through express rights and implied rights interpreted by the High Court.
What role did the Australian courts play in the enforcement of human rights?
What role did the Australian courts play in the enforcement of human rights?
What is required for Australia to ratify an international treaty?
What is required for Australia to ratify an international treaty?
What role does a civil jury play in legal cases in Australia?
What role does a civil jury play in legal cases in Australia?
Identify and explain two types of remedies available in civil law.
Identify and explain two types of remedies available in civil law.
Discuss the effectiveness of monetary compensation as a remedy in civil disputes.
Discuss the effectiveness of monetary compensation as a remedy in civil disputes.
How do international human rights treaties influence domestic laws in Australia?
How do international human rights treaties influence domestic laws in Australia?
What is the significance of Australia's commitment to the Universal Declaration of Human Rights?
What is the significance of Australia's commitment to the Universal Declaration of Human Rights?
Flashcards
Implied Right
Implied Right
A right not explicitly stated in a constitution, but recognized by a court when interpreting the constitution, often in disputes between individuals and the government.
Right to Vote
Right to Vote
The authority of a government is based on the will and wishes of the people, who should be able to express these wishes by voting.
Constitutional Implied Rights
Constitutional Implied Rights
Rights not explicitly listed in a constitution, but understood to exist. Often determined by court interpretation of the constitution.
Universal Declaration Human Rights (1948)
Universal Declaration Human Rights (1948)
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Statute Law (e.g., Victorian Human Rights Charter)
Statute Law (e.g., Victorian Human Rights Charter)
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Stolen Generation
Stolen Generation
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White Australian Policy
White Australian Policy
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LGBTQIA+ Rights in Australia
LGBTQIA+ Rights in Australia
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International Treaty
International Treaty
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Ratification
Ratification
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International Declaration
International Declaration
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Universal Declaration of Human Rights
Universal Declaration of Human Rights
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Statute Law
Statute Law
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Common Law
Common Law
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Australian Constitution
Australian Constitution
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Express Rights
Express Rights
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Implied Rights
Implied Rights
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Referendum
Referendum
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Study Notes
Unit 1: Legal Foundations
- Principles of Justice: Access, Fairness, Equality
- Courts: Statutory interpretation, Binding precedent, Persuasive precedent, Ways to avoid following a precedent
Unit 2: Presumption of Innocence
- Key Concepts of Criminal Law: Burden of proof, Standard of proof, Distinction between summary & indictable offences, Summary offences, Indictable offences
Unit 4: Civil Liability
- Possible Parties: Aggrieved party, Wrongdoer, Employer
- Negligence: Elements of negligence
Unit 5: Remedies
- Dispute Resolution Methods: Arbitration, Mediation, Conciliation, dispute resolution institutions, tribunals, ombudsman, complaints bodies, the jury, purpose of remedies
Unit 6: Human Rights
- Meaning and Development: Meaning of human rights, protection of rights through the Australian constitution, the right to vote (Roach case)
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