In one of the chapter by the author ‘Ozdowski’, he describes that, Australia has no Bill of Rights to protect human rights. Rather than rights to be found in the Constitution, common, legislation and law, these acts are passed by the Territory Parliaments or Commonwealth Parliament. The author uses a wide range research to support his claims. He goes to explain how, Australia is one of the oldest democracies in the world and its citizens exercise their political rights through their elected representatives, acting within a constitutional framework and the rule of law.…
2.Sovereignty: A state has sovereignty, which means independence from control of its internal affairs by other states.…
70616: Australian Constitutional Law Final exam revision Contents What is in the exam? 4 Interpretation of the Constitution 5 Characterisation of the law 6 Subject matter powers - sufficient connection test 6 As in the Bank Nationalisation Case 6 As in Fairfax (1965) 6 As in Herald (1966) 6…
Australia was born and became a recognised nation on 1 January 1901 with a federal government to govern it. This nation is a federal state with a constitution, which is a set of rules that govern Australia. The Australian constitution was drafted at a series of conventions which were held in the 1890’s. The constitution was later passed by Britain as part of the Commonwealth of Australia act 1900 and it took effect on 1 January 1901. Unlike many other states, Australia is the only democratic nation in the world without a national bill of rights.…
“The Australian Constitution limits the exercise of powers throughout the Federation through both a division of powers and a separation of powers.”…
Changes in attitudes and values: changing social norms= less agreement and certainty about the religious, ethical and moral bases of community life. In an effort to define the values that government secondary schools in NSW should uphold, the NSW department of Education issued a revised document in 1991 titles ‘The Values we teach’. E.g’s: Of goals in this document: a multicultural in nature, democratic actively contributing to the life of the school and the wider community.…
Sovereignty is supreme and independent power or authority in government as possessed or claimed by a state or community, so it’s basically a government or state having power and authority over another.…
Before the formation of the Australia, there were six colonies ruling the land of Australia, which were Victoria, Queensland, Tasmania, New South Wales, Western Australia and South Australia (Harvey 2009). It was stated that each colonies has their own government and laws to manage the colonies.…
On the 6th of November 1999 Australia was very close to becoming a republic. There was a 4% difference in the vote for the referendum with 46% of voters in favour for Australia to become a republic and 54% of voters against becoming a republic winning by the smallest margin. But why become a republic?…
The rule of law entrenches the basis of the Australian Constitution. Clause 5 of the Australian Constitution states that all laws made by Parliament are binding on the courts, judges and people . It means that every person regardless of their identity is bound to the same law and same legal processes . The rule of law protects the citizens by securing limited powers of the government.…
A Bill of Rights is a statement of basic human rights and privileges. This document commences specific rights of individuals and the expectations of government, whom are subject to it. Australia is the only Western society without a Bill of Rights. Over the course of decades, politicians have suggested the adoption of a Bill of Rights, yet the government has contiuonly postponed. Since the time of Federation, the composers of the constitution did not recognise the necessity of a Bill of rights, as they believed the Consitution and the Australian law system would effectively protect human rights. Few basic human rights are already contained within the consitition, such as the 'right to religious freedom' and 'the right to trial by jury.' Due to the recent framework of Australia's Human Rights, the debate regarding the formation of one has heightened.…
As many Australians try to re-bridge with the Aboriginal population, trying to ‘help’ their situation could ironically infringe on Human Rights. A 2007 scheme, still operating, is the ‘Northern Territory National Emergency Response’. It aims to decrease the sexual abuses and increase school attendance amongst children. The strategy is to ban alcohol and prohibit pornography.…
Before going into the exploration of the article and how it pertains to sovereignty and treaties, lets define those two terms. Sovereignty can be described as a state having complete control over its boundaries. According to our book, (pg 40) sovereignty includes such essentials as self-determination, non-intervention, and equality. Sovereignty also pertains to a state’s right to equality, existence, external independence, self-defense, and territorial supremacy. (Pg 181). A treaty is an agreement made by two or more countries to follow a pact or a certain set of rules, or anything to what those countries agree to in that particular treaty, I think in a way a treaty made between two or more countries helps to guard and protect the countries sovereignty, by establishing some agreements to help with factors such as equality, existence, self-defense and territorial supremacy.…
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. To protect human rights is to ensure that people receive some degree of decent, humane treatment. To violate the most basic human rights, on the other hand, is to deny individuals their fundamental moral entitlements. It is, in a sense, to treat them as if they are less than human and undeserving of respect and dignity. Examples are acts typically deemed "crimes against humanity," including genocide, torture, slavery, rape, enforced sterilization or medical experimentation, and deliberate starvation. Because these policies are sometimes implemented by governments, limiting the unrestrained power of the state is an important part of international law. Underlying laws that prohibit the various "crimes against humanity" is the principle of nondiscrimination and the notion that certain basic rights apply universally.…
Yet, the universality of human rights is often questioned, more often by duty-bearers than rights-holders. Such skepticism does not often reflect frank conceptual objections to the challenge of universality, but is rather a means for some States to avoid giving effect to the whole set of human rights.…