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can some one check?

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hard:
well i've just had a blank, but when it says for example two ways in which the constitution protects democratic and human rights, could you say that it protects them through 1. specific prohibitions 2. s128 referendum

or could you say through high court interpretation or through international treaties but then again that's not the Constitution....?

misskaraleah:
Express and Implied rights

Express rights are enumerated in the constitution- that is they are physically written in the document, whereas Implied rights are those which are implied to exist and was the intention of the founding fathers who developed the constitition.

I remember i had a prac exam on that question, i wrote a referendum, and my teacher said i was wrong and shoudl have talked about express and implied rights. So thats how i know!

hard:
but how are implied rights apart of the constitution? implied rights are developed through common law and through cases. what's that got to do with the constitution? i mean if it said list 2 ways in which our democratic and human rights were protected you could put implied and expressed, but i'm not sure if implied work...

costargh:
The thing with implied rights is that they aren't necessarily stated in the constituion but they have been interpretted as being 'implied' in the consitution without it actually being stated in those exact words.

Extract from my notes

--- Quote ---Rights protected by the Commonwealth Constitution 
The Commonwealth Constitution sets out 5 expressly protected rights. In addition the High Court has found the right to freedom of political communication to be implied.
The 5 express rights are referred to as entrenched rights. This means they can only be removed through the process of a referendum.

•   Freedom of religion (S116)
•   Free interstate trade and commerce (S92)
•   Not to be discriminated against on the basis of the state where you reside (S117)
•   Receive ‘just terms’ when property is acquired (S51 (xxxi))
•   Trial by jury (S80)

The freedom to political communication is the only right that the majority of the High Court has accepted as being implied in the Constitution.
 
The right to vote is not expressly mentioned in the Constitution although some people believe it is implied.

Express and implied rights are fully enforceable by the High Court. This means that if an Act infringes on any of these enumerated or implied rights the High court can declare the law unconstitutional (hence invalid).

--- End quote ---
Disclaimer: The information above is valid as of the publishing date of the text book I used 'Justice and Outcomes 8th Edition'

hard, could there be implied rights if there was no constitution? Once you ask yourself that question you can see why implied rights are a part of the constitution (in some respect)

xox.happy1.xox:
Good explanation :D

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