Legal Studies Unit 2 AoS 3

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30 Terms

1

Right

Legal, social, or ethical principles of freedom or entitlement.

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2

Statute law

Laws passed by Commonwealth, state, and territory legislatures to protect rights.

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3

Ratification

Adoption of rights outlined in a treaty, convention, or declaration, legally binding the nation.

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4

Treaty

Formal document signed by countries to follow laws outlined in the document.

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5

Declaration

Non-binding agreement between countries with agreed-upon aspirations.

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6

Charter

Document setting out the basic rights and freedoms of citizens.

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7

Abrogate

To cancel or abolish common law through passing an Act to Parliament.

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8

Ultra vires

Law made outside the Parliament's powers, declared invalid by the courts.

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9

Signatory

A state or organization that signed an international treaty to adopt it into legislation.

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10

Directly

Judges protect rights through statutory interpretation or precedent.

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11

Codification

Precedents confirming human rights and confirmed by Parliament.

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12

Constitution

Legal document establishing the structure and law-making powers of a country.

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13

Express rights

Rights explicitly stated in the Constitution and apply to all citizens.

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14

Implied rights

Rights not explicitly written in the Constitution but exist through judicial interpretation.

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15

Structural rights

Mechanisms established by the Commonwealth to indirectly protect rights and prevent abuse of power.

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16

Enforcement

High Court, which interprets and applies rights protected by the Constitution.

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17

International declaration

Non-binding agreement between countries with agreed-upon aspirations.

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18

International treaty

Formal document signed by countries to follow laws outlined in the treaty.

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19

Charter

Document outlining basic rights and freedoms in a state or country.

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20

Ratification process

The process by which a treaty is adopted and implemented by a country's government and parliament.

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21

Bill of Rights

The first ten amendments to the US Constitution that protect basic rights of Americans.

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22

Limitation to rights

No laws that restrict the US government from making laws that prohibit religious expression and practices.

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23

Supreme Court

Interprets and applies rights in the US, cannot be overridden by Congress.

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24

Amendments to US rights

Requires support from 66% of Congress and 75% of state legislators.

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25

Commonwealth, territory, and state legislation

Main ways rights are protected in Australia.

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26

Common law

Rights protected through judicial precedent.

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27

Limitation

Referendums required for changes to express rights in the Australian Constitution.

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28

Charter or bill of rights

A document that strengthens rights protection and holds governments accountable.

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29

Amendments of legislation

Changing laws to better protect the rights of specific groups, such as Indigenous peoples and asylum seekers.

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30

Higher availability of legal aid and assistance

Increased funding for legal aid and organizations to ensure access to justice for all.

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