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November 01, 2025, 05:33:53 am

Author Topic: protection of rights  (Read 978 times)  Share 

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panicatthelunchbar

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protection of rights
« on: November 06, 2012, 10:23:55 pm »
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evaluate the means by which rights of Australians are protected by the Commonwealth Constitution,
and the extent of this protection

are you guys evaluating express, implied and structural in ur evaluations or the method of protection of rights ON A WHOLE?

michak

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Re: protection of rights
« Reply #1 on: November 06, 2012, 10:42:27 pm »
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Yes I would mention how rights are protected by those three ways
But your question also mentions to what extent so if this was a 6 or 10 mark question I would also mention that these rights are fully enforceable by the high court provided a case is brought forward

Hopefully that is what you meant :)
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panicatthelunchbar

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Re: protection of rights
« Reply #2 on: November 06, 2012, 11:27:34 pm »
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yeah, thanks!

but also, would u evaluate the 3 means separately OR would u look at the protection of rights on a whole.... sorry if im a bit confusing :/

michak

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Re: protection of rights
« Reply #3 on: November 07, 2012, 06:54:06 am »
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yeah, thanks!

but also, would u evaluate the 3 means separately OR would u look at the protection of rights on a whole.... sorry if im a bit confusing :/

I would do them separately because there are strengths and weaknesses of each ways rights are protected
express rights - can only changed by constitution but the commonwealth can put limitations on the rights eg. religion
implied rights - must wait for a relevant case to come forward which is very time consuming and expensive
structural protections - actually can't think of a downside at the moment 

Then once thats done i would look at them as a whole eg. only changed via referndum, fully enforceable

2011: Bio [36]
2012: Legal [42] PE [43] Chem [33] English [40] Methods [25] 
ATAR: 93.30
2013: B. Arts at Monash University
2014: Bachelor of Laws/Bachelor of Arts at Monash

panicatthelunchbar

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Re: protection of rights
« Reply #4 on: November 07, 2012, 10:54:49 am »
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great, i get what u mean! thanks a lot :D