ASAP HELP me wif dis question!!!!! pleaseEEEEEEEEEEEEEEE

[VCE22]

  :oCan anyone of you HELP ME OUT!!!!!!!!!!!

Question
" A country's COnstitution is one of its most important documents, as it typically seeks to protect basic democratic and human rights for its citizens"

Question 1
Explain the concept of "democratic and human rights"

Question 2
Describe the five express democratic and human rights of Australians that are protected by the Commonwealth of Australia Constitution Act 1990(UK)

Question 3
Distinguish between express rights and implied right in the Australin Constitution. Explain one implied right within the Australian Constitution.

Question 4
Some countries have an entrenched Bill of rights, while others have adopted a statutory Bill of Rights. Explain the difference between these forms of rights bill.

Question 5
Describe the constitutional approach used for the protection of democratic and human rights adopted by a country that you have studied (other than Australia). Analyse the similarities and differences of this approach with the approach with the approach used in the Australian Constitution.

 

[hard]

Most of this should be in your book.

Question 1
Explain the concept of "democratic and human rights"

democratic rights are those that are needed for the involvement of the community in political affairs and in political matter. Human rights are those that are required for individuals to obtain basic life's necessity such as shelter and food in compliance with the international charter for human and civil rights.

Question 2
Describe the five express democratic and human rights of Australians that are protected by the Commonwealth of Australia Constitution Act 1990(UK)

s80 The use of a jury in commonwealth indictable offenses.

s116 freedom of religion, i.e. commonwealth cannot make any laws to establish any religion, impose religious observance or prohibit free exercise of religion.

s51(xxxi) - acquisition of property on just terms : c'mnth can acquire property for a purpose which it has power to make laws and must give compensation that is reasonable and fair.

s92 - trade, commerce and intercourse among the states shall be absolutely free.

s.117 - There shall be no discrimination of any individual on the bases of their state of residency.

Question 3
Distinguish between express rights and implied right in the Australin Constitution. Explain one implied right within the Australian Constitution.

Express rights are those that are excplictily mentioned in the constitution that prohibit certain actions that federal parliament can take. Implied rights are no mentioned in the constitution but are rather developed through common practice. An example of an implied right is freedom of political communication (theophanous case)

Question 4
Some countries have an entrenched Bill of rights, while others have adopted a statutory Bill of Rights. Explain the difference between these forms of rights bill.

Entrenched  bill of rights are ones that are part of the constituion or an attachment of it and rights can only be changed by an amendment of the consitution.

Statutory bill of rights are those passed in the form of a statute and can be changed by parliament at any time like any other statute.

Question 5
Describe the constitutional approach used for the protection of democratic and human rights adopted by a country that you have studied (other than Australia). Analyse the similarities and differences of this approach with the approach with the approach used in the Australian Constitution.

There are several countries. You should be able to do this on your own.

[VCE22]

Thanx mateee, ur a legend.

[Fyrefly]

I imagine much of this information can be easily found in your textbook.

These are not properly written answers, but they should serve as a good guide:

Question 1
Explain the concept of "democratic and human rights"

Human rights - basic or fundamental freedoms.
Democratic rights - more sophisticated, these are 'political' rights that help operate a democracy and reflect its ideals.

Question 2
Describe the five express democratic and human rights of Australians that are protected by the Commonwealth of Australia Constitution Act 1990(UK)

s.116 - Freedom of Religion - the Cth cannot make laws to prevent people from practicing their religion.
s.117 - Rights of Residents in States - the Cth cannot discriminate against a person based on which state he lives in.
s.80 - Trial by Jury - A person charged with a Cth indictable offence has a right to trial by jury, and to be convicted only by unanimous verdict.
s.51(xxxi) - Cth Compulsory Acquisitions - A person from which the Cth compulsorily acquires property has a right to receive fair compensation; "the acquisition of property" must be "on just terms" (think The Castle!)

...there should be more in your textbook.

Question 3
Distinguish between express rights and implied right in the Australin Constitution. Explain one implied right within the Australian Constitution.

Express rights - rights actually written in the Constitution.

Implied rights - rights that have not been explicity stated in the Constitution, but are 'assumed' to exist.
Only the High Court has the power to legally decide whether an implicit constitutional right exists.

A good example is the right to vote - s.24 of the Constitution dictates that the members of the House of Representatives shall be "directly chosen by the people of the Commonwealth", yet it does not explicitly state that citizens have a right to vote. Additionally, back when the Constitution was written, "the people" did not include anyone under 21, female, or Aboriginal. In this case, the Cth has decided that this right is implied and the matter has not actually been brought before the High Court, but the right to vote is such a fundamental part of our democratic society that the Cth would likely find insurmountable difficulty in trying to prove to the High Court that an implied right does not exist here.

If you'd like a less complicated implied right, then discuss the right to freedom of political speech (also covered by s.24).

Question 4
Some countries have an entrenched Bill of rights, while others have adopted a statutory Bill of Rights. Explain the difference between these forms of rights bill.

An entrenched Bill of Rights is part of a country's Constitution, making it difficult to change (for example, in Australia it would require a successful referendum). Also, Courts can declare any legislation that infringes the Bill of Rights to be ultra vires.

With a statutory Bill of Rights (an "unentrenched" Bill of Rights), the courts do not have such a power. A statutory Bill of Rights is NOT a part of the Constitution. (Remember, the only way a Bill of Rights can be added to the Australian Constitution is via referendum.) Also, just as parliament can create this Bill of Rights, it can take it away as well. Parliament has the power to amend or repeal this kind of Bill of Rights at its discretion - it can change rights or 'take them back' whenever it is convenient for them.

Question 5
Describe the constitutional approach used for the protection of democratic and human rights adopted by a country that you have studied (other than Australia). Analyse the similarities and differences of this approach with the approach with the approach used in the Australian Constitution.

You should have studied a country with which you can make comparisons against.
Take a look at this thread for some discussion ideas for your answer.


Edit: Hard's answers are better, but I half-wrote this, ate dinner, then saw his answer... I decided to finish and post it anyway...

[VCE22]

Question 5
Describe the constitutional approach used for the protection of democratic and human rights adopted by a country that you have studied (other than Australia). Analyse the similarities and differences of this approach with the approach with the approach used in the Australian Constitution.

For this question i have to,, do NZ and Analyse the similarities and differences of this approach with the approach with the approach used in the Australian Constitution.

[costargh]

Then do it? lol You seem to know what to do! It really is a straight forward question (the answer is in your book!)


Type up your answer and we will give you feedback.

[hard]

Type up your answer and we will give you feedback.

thankyou