(A) In Australia we have three main areas of human rights, individual human rights, democratic human rights and legal human rights. Individual human rights include, civil rights (freedom of speech and religion), economic rights (contract and property law) and social rights (privacy, education, family, environment). Democratic human rights protect political views but are reflected in the system of government in Australia and its laws. These include rights to vote, regular and democratic elections, and voting by secret value. Legal human rights are contained within common law principles of rule of law and natural justice. These rights reflect desire for a fair and just society and include concepts like citizens are presumed to be innocent until …show more content…
... Social cohesion contributes to a wide variety of social outcomes such as health and economic prosperity. With social Cohesion even if harmony isn’t reached, us as a society will have the believe that these four elements of law will achieve it once again. Social cohesion is achieved through four elements, Reinforcing values and rights in the community for example political, economic and religious rights, creating acceptable standards of conduct in society, limits of behaviour for example murder is unacceptable conduct. Establishing dispute settling institutions and processes , to enforce standards and resolve conflicts, providing law making and law reform for the changing law and changing values of …show more content…
These laws are democratically made by elected parliaments, using legislative powers specified in the commonwealth constitution. As a federation, it means statue law can be made by the national parliament, or 8 state or territory parliaments. Parliaments can also delegate law-making authority to local councils and government departments to change laws in there local area. Another way law can be changed is through judges. Judges have the right to make a new law when resolving a legal dispute, however it can only be reactive as a dispute must come before a court law can be made, courts are only reactive when changing the law and only able to act on the case presented to them. Executive made law, is when laws are made In the executive arm by bodies like councils and or government departments for example speed limit changes in tea tree gully are changed by the tea tree gully council.
(E) Australia’s two sources of law are Australian Parliaments and Australian courts existing at federal, state and territory levels. Statutes are made by democratically elected parliaments where their powers are specified in the constitution. Parliaments have the opportunity to delegate law making authority to subordinate bodies for minor issues for example speed limits. Parliaments are proactive to keep social cohesion. Un like common law which involves the courts being in the second source of Australian
Human Right Contraventions: Australia v Brough Teianee-Kai Breznikar 0061072288 University of Southern Queensland Running Head: HUMAN RIGHT CONTRAVENTIONS 2 HUMAN RIGHT CONTRAVENTIONS 5 Word Count: Human Right Contraventions: Australia v Brough The Australian government closely participated in the negotiation of the human rights treaties, these were signed and ratified explicitly recognising the rights of everyone. However, contraventions occur and generally involve one or more members of particular groups in society such as the indigenous, people with disabilities, youth and prisoners.
Freedom of Speech, the right to vote, and the right to equality in public places. These are all basic rights that everyone in this world should have. All over the world, including in Australia discrimination of these rights occurred for the native people of the land. This happened because of their race and skin colour.
Ministerial responsibility is based on a body of constitutional conventions; it ensures the accountability of the government to the people of Australia. Ministerial responsibility is the responsibility to the parliament by a minister or on a minister’s behalf for actions taken. Ministerial responsibility is a policy that ministers in a government depend on maintaining the support of the parliament. The underlying legal concepts are The Rule of Law, Democracy and the Constitution. The Rule of Law, relates as big decisions about the country are subject to the law.
They all based on the basic of the basic of the civil rights and the civil liberties. Along to the Civil rights and civil liberties we can see that the Civil rights and civil liberties are granted to the people as per the Constitution. They are well defined in the Constitution.
In 1787 the United States’ constitution was written, two years later the Bill of Rights was added. The Bill of Rights consists of ten amendments which were designed based on the American ideals to ensure that the federal government is not too powerful, and that it would protect the rights of the people or of the state. One of the most important amendments in the Bill of Rights is the sixth amendment which gives the people the right to enjoy a speedy trial when accused, and it allows the accused person to know the cause of accusation and who his accuser is. It clearly represents some of the American ideals such as: democracy, equality, and opportunity. The sixth amendment provides more requirements for a fair trial in criminal cases.
Humankind is the only kind judged on morality, therefore, rights must be attributed to all of humankind. It doesn’t make sense to attribute rights to individuals. No rational person would consider it fair to give some individuals of the same kind rights, and then deny those rights to others. Simply put, rights must be given on the basis of what kind something is, not an individual basis. This also leads to the widely accepted concept of natural rights.
The citizens of America need unalienable rights to protect themselves from the government. The unalienable rights are the right to life, liberty, and the pursuit of happiness. In the document Andrew Sullivan
The rights of life and liberty. In conclusion, we are all equally entitled to our human rights without any discrimination. We are all born to be free and
(Yencken, D. 2008) Australia’s legal and political system meets these criteria. It is yet important to recognise that the rule of law significantly depends on legal precedent for its active upkeep. No government official may violate these limits. No ruler, minister, or political party can tell a judge how to decide a case.
Imposition on Human Rights The modern conception of civil liberties involves a long list of individual rights which include the right to liberty and security of person, rights to property and privacy, right to a fair trial and the rights to free speech. These civil and political rights are now framed as “human rights” and are protected by numerous international treaties. Freedom of movement is also broadly recognised in international law and bills of rights. Article 13 of Universal Declaration of Human Rights provides that everyone has the right to freedom of movement and residence within borders of each state.
The Constitution is an important part in protecting the basic human rights of Australian Citizens. Human rights are the basic rights and freedoms to which all human beings are entitled. They are vital parts in protecting the physical, emotional and social wellbeing of everyday Australians. Whilst the Australian Constitution does not include a Bill of Rights stating these freedoms, several rights have been implied from the text and structure of the Constitution. The Constitution has had a huge impact on the way we live, awarding us rights and freedoms that include the right to vote, be educated and choose our religion .These
The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.
Is Social Stability Worth the Price? Social stability is not worth the price that the citizens of the Brave New World payed for it. Social stability is not all bad, because there will never be fights or war. Also social stability can good for the economy for instance; the children learn to hate books and nature and desire only to engage in consumerism thus supporting the economy. The Government exerts total control over every aspect of its citizens lives.
Human rights were initiated for the protection of the basic civil and political liberties in the general public. In the United Kingdom the Human Rights Act of 1998 came into force in October 2000. The aim of the HRA in the UK was to provide further legal effect to the basic rights and freedoms contained in the European Convention of Human Rights. The rights contained in the HRA not only affect essential matters of life and death, but also issues that occur in people 's daily life. Considering the broad range of basic rights covered, it is not astonishing that the HRA is viewed as one of the most significant segments of legislation ever passed in the UK.
In addition, the law also refers to the unwritten law is not enacted by the legislature in the country or it is not derived from the Federal Constitution or the constitution states in Malaysia. Among the sources of Malaysian law is not written as the decisions taken by the judiciary by the superior courts (superior courts), customary