UNIT 2 LEGAL STUDIES, OUTCOME 3 - RIGHTS

Complete the following questions. Use the textbook as a resource.

1. What is a ‘right’? Identify 3 rights that protect basic freedoms. (2 marks)

1: Freedom of religion
2: Freedom of assembly
3: Freedom of movement

2. In a table format, describe 3 freedoms we have as Australians. (3 marks)

Right Description

Freedom of speech Being free with some legal restrictions to speak or write
about any topic, including criticism of the government,
without fear of being arrested, provided the statements
are true and do not cause harm.

Freedom of association Being free to join any lawful group or organisation

including political parties or trade unions

Freedom of assembly The freedom to meet with other people in private or

public, including meeting peacefully to demonstrate for
change

Freedom of religion

Freedom of movement

How are rights protected in Australia? 

STATUTE LAW
0. What is a statute?
A statute is a law passed by parliament (1 mark)
0. Identify one Victorian, and one Commonwealth, statute that protects rights.
The right to privacy under the freedom of information act and the right to security of the person under the Crimes Act
(1 mark)
0. Evaluate the ability of statute law to protect the rights of Australians. (In your answer, describe in detail two
strengths and two weaknesses)
Statute law protects Australians’ rights, although it is not without its faults. One advantage of statute law is that it is enforceable
under the law with the police capable of ensuring it can be carried out although it is also subject to change from parliament.
Statute law can also be rapidly changed by parliament ensuring that it can keep up with the changing times and rights, however,
the same ability to institute rapid change can also be used to revoke the same rights it can protect.
(4 marks)

INTERNATIONAL TREATIES
0. a) What is a treaty?
A treaty is an agreement between countries or organizations to be bound by international law.
b) Does signing a treaty automatically mean that it becomes law in Australia? Explain, including an explanation of what
‘ratifying’ is in your answer. (3 marks)
Signing a treaty does not automatically mean it becomes law in Australia. To become law in Australia, it must be
ratified, by parliament. An example is the convention of the elimination of racial discrimination.
0. Distinguish between an international treaty and an international declaration.
An international treaty is a legally binding international treaty whereas an international declaration is an outline of
standards expected to be followed by an agreement but not legally binding.
(3 marks)
0. Identify and describe one international treaty or one international declaration that Australia has signed.
Australia has signed the universal declaration of human rights, a declaration that outlines the universal Human Rights which are
to be obeyed, by all countries including the right to life, liberty, security of person and to be treated equally before the law.
(2 marks)
0. How are international treaties enforced? Identify and describe one way.
 UNIT 2 LEGAL STUDIES, OUTCOME 3 - RIGHTS
International treaties are enforced through several International and Commonwealth Human Rights groups including
the Australian Human Rights Commission, which enforces rights through the legal system under exisiting Statute law
(2 marks)

COMMON LAW
0. What is common law, and how is it created?
Common law is created by the Courts through a process known as statutory interpretation
(1 mark)
0. Describe 3 rights that are protected in this way.
Common law rights include the right to silence, the right to a fair trial, and the right to freedom of movement (3
marks)
0. Outline 2 strengths and 2 weaknesses of how well our rights are protected by common law
One strength is that it is independent of parliament and can interpret with little political pressure, however common law rights
can also be difficult to define. A similar strength is that courts can make interpretations in areas where parliament has not yet
established rights, yet Courts must wait for a case to come before them before they make a ruling.
(4 marks)
THE CONSTITUTION 
0. What is the Constitution, and what does it do? How can it be changed?
The constitution is an essential legal document which protects rights, both explicit and implied, and can only be
changed through a national referendum. (3 marks)
0. What is an express right, and how many do we have?
An express right is a right written out in the constitution as an absolute guarantee. We have 5 express rights.
(1 mark)
0. Identify two express rights.
Two examples of express rights are the right to limited freedom of religion and the right to not be discriminated against based
on the state in which a person resides. (1 mark)
0. What does it mean by ‘express rights are fully enforceable’?
Express rights are laid out explicitly, with very little room for interpretation or change without a referendum. Law enforcement
bodies and the Judicial system have complete jurisdiction to enforce express rights including overriding statute law which is in
contradiction. (2 marks)
0. Describe 2 strengths and 2 weaknesses of Constitutional protection of rights (4 marks)
One strength of the Constitutional protection of rights is that express rights are very difficult to take-away requiring a majority
referendum and the vote of 4 out of 6 states; however this same protection can also make it difficult to change to keep up with
moving civil standards. Furthermore Australia's explicit rights are also limited in the context in which they apply leaving the
remainder up to interpretation, interpretation which can change over-time therefore removing existing rights. Despite this it
does have an advantage in that explicit rights are very enforceable and clear, allowing a Judiciary body to rapidly resolve
disputes regarding such and ensure Statute laws do not contradict them.

18. Select one Australian case that has had an impact on the protection of rights in Australia.

Find out:  

● Did the case include implied or express rights under the Australian Constitution?
● the role of the individual in taking a case to court  
● the facts and issues central to the case, including the rights in question  
● the laws that applied to the case  
● the outcome of the case and its impact on the rights of individuals and on the legal system  
● possible conflicting attitudes in relation to the case