What are the fundamental rights and human rights Australians have?
I’m Australian and often hear people say that the right to freedom of speech or the right to be free from torture or slavery is a human right. Where do these rights come from if Australia has no bill of rights?
Is it from the UN covenant on civil & political rights or social & cultural rights? What are some examples of human rights, if they don’t come from this document? (i already know some of the rights on this document, such as right to be free from degrading torture, slavery, have shelter)
The other thing is where do our fundamental rights come from? Fair enough that our human rights are inalienable and apply on everyone, but what’s the difference between them and fundamental rights? Please explain by definition, example & source (ie the law in which f rights are found).
Reason why i ask is because there’s an upcoming law exam i have to face and have to familiarize myself with the court presumption: “Parliament does not interfere with fundamental rights “.
“But when Parliament enacts a law which contains some ambiguity, the courts will favour an interpretation that is consistent with our international obligations, if such an interpretation exists.”- which do they prefer more? An interpretation that is pursuant to the purpose of the Act (s33 Interpretation Act 1987 NSW), or one that would lead to a reasonable, un-absurd result (i.e. is the limiting/violation of rights an absurdity?) Should i even be worried about this?
Nvm, it’s probably going to launch me into an ethical debate in the exam rather than using what i’ve been taught.
Just skimmed through the second last link you provided. That stuff is awesome, i never find those speeches. Thanks, law expert.
The Australian Constitution does contain some rights. Freedom of religion is in there, for example (section 116) and freedom of ‘trade, commerce, and intercourse’ between the states (section 92). The High Court has also held that the Constitution contains an implied freedom of political communication.
Documents like the ICCPR and the ICSCR are not binding on Australia. So the rights they contain are not really ‘rights’ here. But when Parliament enacts a law which contains some ambiguity, the courts will favour an interpretation that is consistent with our international obligations, if such an interpretation exists. Also, international agreements to which Australia is a party give rise to a ‘legitimate expectation’ that administrative decisions will be made consistently with those agreements (see Minister for Immigration v Teoh for the High Court’s discussion on this issue, accessible at AustLII: http://www.austlii.edu.au/au/cases/cth/HCA/1995/20.html ).
What are typically called ‘fundamental rights’ do not really come from any particular document; they exist at common law. So, in accordance with the doctrine of parliamentary sovereignty, Parliament can make laws that modify, impair, or outright violate our fundamental rights if they want to. There are basically two limitations. The law must be consistent with the Constitution, and the law must use clear, unambiguous language. The courts have to give effect to the intention of Parliament (unless that intention is unconstitutional) but they will presume that Parliament does not intend to interfere with fundamental rights. That presumption is rebuttable by express terms or necessary implication.
Since the rights are not derived from any specific law or document, it’s really very difficult to provide an exhaustive list of what they are. A partial list appears in this paper by Chief Justice French: http://www.hcourt.gov.au/speeches/frenchcj/frenchcj4sep09.pdf (along with a discussion of rights that will probably explain things far better than I have). You may also be interested to read this speech by former Justice Kirby: http://www.hcourt.gov.au/speeches/kirbyj/kirbyj_cooke.htm
Good luck in your exam.
What should i print trading cards on?
i wanted to make some trading cards, similar to Yu-Gi-Oh, but with pictures of my friends etc, just as a commererative gift of our times together. what should i print the cards on?
Your best bet is to go to an office supply store or a craft store and get yourself some heavy cardstock. They will be thick, durable, and can easily have photos printed on them. Make sure it’s acid free if you intend to print photos on them. You can them laminate them with a home laminating machine or you can use Clear Contact Paper to cover them so they will be resistant to getting wet.
Where can I find free annual reports of aviation headset manufacturers?
I am a graduate student writing a research paper and I need to find the annual production output of the aviation headset manufacturers. I have tried e-mailing the manufacturers, but they don’t reveal the information to the public. I was wondering if I can find the annual reports of these manufacturers for free. In addition to this, can I also get information about other companies which supply parts to the manufacturers and which might have information about the total number of headsets’s supplies they make for the main manufacturers. Any help in this regard will be highly appreciated. Thanks.
Good luck with that, unless they are publicly traded companies, I’d imagine that info would be difficult to obtain through them. The agency that oversees the aviation industry would probably have some public documents available (FAA?). Maybe contact http://www.sportys.com/pilotshop/
Do a Yahoo! Search for SEC filings or 10k filings, of course only good for public companies. 10kwizard.com , et al.
To what extent does globalization contribute to sustainable prosperity for all people?
im researching for a position paper and that is the topic, i want to say it does contribute. i need at least 2 case studies and i have terrible luck with this. i need info and case studies, specific examples by may 13th, please help! this has to do with a standard of living that can be maintained and stuff like that…
Search for “free trade”, not globalization.
Globalization is a term used by people who are against it, free trade is used by people who are for it.
Good examples are China, Korea, Japan. Japan is a developed country now, but it was dirt poor after WWII. It started by selling clothes (much like china is today) and using the proceeds to buy equipment for more sophisticated industries, then moved on into machines, cars, electronics, etc. Korea followed same path 20 years alter, China started doing the same thing around 1990.
What is the cheapest and most productive way to do online advertising for a business?
Own a lawncare company in Cary, NC. Advertising in papers is insanely expensive, looking for options that won’t break wallet. Anyone looking for lawncare?
There is always free online
Classifieds – those are all over the web
can get pretty boring placing tons of ads yet its FREE.
You can look for local forums and place ads there
network with people online in your arrange to
trade services and referrals – again FREE
place your ad here free
Powered by Yahoo! Answers