Help with a question about rights.

[chrisjb]

2006 VCAA trial exam: Explain two ways in which democratic and human rights are protected by the Commonwealth Constitution.

I kow that there are 5 express rights and up to two implied rights. But I thought the only way that they were protected was by the high court declaring legislation invalid.

[saaaaaam]

When I answered this my two points were:

• The five entrenched rights. They're in the constitution and can only be removed by referendum, therefore are protected.
• The constitutional power of external affairs gives the commonwealth the power to legislate on, and therefore protect, rights in international treaties such as the UN's Declaration of Human Rights

I took it as how does the constitution protect rights, not how does it protect rights from being infringed/changed.

[lilaznkev1n]

another way is that it is hard to change the constitution.
the only way is by having a referendum and a referendums are generally unsuccessful
then give reasons why referendums are generally unsuccessful. e.g. lack of bipartisan support, double majority
...therefore...due to the wording of our constitution being hard to change, it is hard to change/remove our democratic and human rights therefore our Constitution offers an effective protection of our rights.

[chrisjb]

another way is that it is hard to change the constitution.
the only way is by having a referendum and a referendums are generally unsuccessful
then give reasons why referendums are generally unsuccessful. e.g. lack of bipartisan support, double majority
...therefore...due to the wording of our constitution being hard to change, it is hard to change/remove our democratic and human rights therefore our Constitution offers an effective protection of our rights.

That's how I did it, I talked first of all how they're protected fully by the high court declaring legislation invalid, then about how the tough measures for reffernda make it difficult to change them.

I thought the question was a litttle bit ambiguous though. You could either read it as: "how does the constitution protect rights' or 'how are rights in the constitution protected"

[claire92]

I agree I would mention for my keywords,

entrenched, referendum (s 128), 5 express and implied, and then perhaps discuss if I have time mention with my s128, how hard it is to achieve changes.