Legal Studies AOS 3

Created by romanyu

Human Rights
Basic freedoms or standards that promote or uphold the dignity of all people and are guaranteed by law

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TermDefinition
Human Rights
Basic freedoms or standards that promote or uphold the dignity of all people and are guaranteed by law
Intergenerational Trauma
A psychological response to highly distressing, stressful or oppressive historical events
Multiculturalism
The idea that people from diverse cultures and ethnicities can coexist peacefully and equitably in a single country
Ratification
The formal approval of a treaty, signed by the government, by a country's parliament
International Decleration
A non-binding agreement between countries that sets out the aspirations of both countries
International Treaty
A legally binding agreement between countries or intergovernmental organizations (such as the UN) in which they undertake to follow obligations set out in the document and enact laws to do so
United Nations
A major international organization established after WWII to maintain security, peace and cooperation among nations
Universal Declaration of Human Rights
An international document that outlines the basic rights and freedoms to which all humans are entitled
Australian Constitution
A set of rules and principles that guide the way Australia is governed
Human Rights Charter
Short for the Charter of Human Rights and Responsibilities Act 2006 (Vic), the purpose of which is to protect human rights in Victoria
Democracy
A system of government in which members of parliament are elected by the citizens
Supremacy of Parliament
The concept that Parliament is the body that has primary responsibility and mandate to create legislation
Precedent
A principle established in a legal case that is followed by courts in later cases where the material facts are similar. Could be binding or persuasive
Common Law Rights
Rights established by judges when deciding on a case
Ultra Vires
A Latin term meaning 'beyond the powers'. An act of parliament can be declared this by the High Court if the parliament that made the law did so out of their jurisdiction
Codify
To collect all law on a particular topic and pass it in a single piece of legislation
Abrogate
To abolish common law through legislation
Express Rights
Rights that are specifically stated in the constitution and can only be altered by a referendum
Implied Rights
Rights that are established by the High Court as a result of their interpretation of the Constitution
Referendum
A method used to change the wording of the Constitution which requires citizens to vote. Requires a double majority (majority of citizens and majority of states) to pass
Freedom of Political Communication
A freedom that was established through a High Court decision. Essentially means that Australians have the right to discuss and debate political issues freely
Representative Government
A political system in which the people elect members of Parliament to represent them in government
The Right to Privacy
Various Acts regulate the use, storage, and disclosure of information by the government and by private organizations. Examples of legislation are: - Freedom of Information Act 1982 (Cth) - Privacy Act 1988 (Cth)
The right to security of person
Protect the right of Australian citizens to feel secure and safe. These Acts include legislation that defines and prohibits crime, outlines minimum and maximum sentences and reduces the risk of terrorism. Examples: - Sentencing Act 1991 (Vic) - Crimes Act 1914 (Cth) 1958 (Vic)
The right to freedom from discrimination
Protect individuals from being discriminated agaisnt on the basis of race, religion, ethnicity, sex, sexual orientation, gender identity, age, disability, and other characteristics in various areas. Legislation: - Racial Discrimination Act 1975 (Cth) - Sex Discrimination Act 1984 (Cth)
The right to vote
The right of Australian citizens to vote in elections. - Commonwealth Electoral Act 1918 (Cth) - Electoral Act 2002 (Vic)
The Victorian Charter
The primary document that protects and enforces the human rights of all Victorians. - Right to life - Cultural Rights - Freedom of movement
The right to silence
A legal right that allows an accused person to refuse to answer questions or provide information that may incriminate them during a police investigation or criminal proceedings.