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In AUSTRALIA. OUTLINE how human rights are incorporated into Australian domestic law. THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW. You need to know HOW our human rights have been put into Australian Law . OUTLINE how human rights are incorporated into Australian domestic law.

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In australia

In AUSTRALIA


In australia

OUTLINE how human rights are incorporated into Australian domestic law

THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW

You need to know HOW

our human rights have been

put intoAustralian Law.


In australia

OUTLINE how human rights are incorporated into Australian domestic law

THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW

Australia DOES NOT HAVEa ‘Bill of Rights’ (a singlelist of rights).

This means that human rights in Australia don’t come from ONEsingle source – our human rights come from LOTS of different

laws, cases and the Constitution.


In australia

OUTLINE how human rights are incorporated into Australian domestic law

THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW

UN Treaty

Even when Australia has signeda human rights treaty, it doesnot automatically become part of Australian law.

The government has to pass a normal law through our parliament to say that people in Australia have the rights we agreed to at the UN.

We should just pass the WHOLE agreement, but we never have.

There are always SOME rights that we LEAVE OUT, even though we told the UN that we agreed to them.

Australian Law


In australia

OUTLINE how human rights are incorporated into Australian domestic law

THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW

The CONSTITUTION

Includes some EXPRESS (“clearly written”) RIGHTS

The Executive

Can INTERPRET the Constitution to have IMPLIED RIGHTS (rights not written, but the words mean that certain rights DO still exist)

Can REFUSE TO SIGN laws passed by parliament if they violate the rights found in the Constitution

Governor-

General

The

HIGH COURT

Agrees to treaties

FEDERAL

PARLIAMENT

Passes statute laws (including laws that reflect our obligations under human rights treaties we have signed).

Starting in 2012, all Bills come with a ‘Statement of Compatibility’, which tells Australians if parliament is passing a law that is incompatible with Australia’s international human rights obligation – Human Rights (Parliamentary Scrutiny) Act 2011) – but even if a Bill fails this test, it doesn’t stop the Bill from becoming a law!

PM

Ministers

Can PASS STATUTES that replace common law decisions (can override the decision by passing a law)

Can INTERPRET statute laws to include HR

COURTS

& TRIBUNALS

(there are some long-standing common law rights)

APPLY HR statutes to cases

INFLUENCE

INFLUENCE

NGOs

THE MEDIA

INFLUENCE


In australia

OUTLINE how human rights are incorporated into Australian domestic law

THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW

The CONSTITUTION

Includes some EXPRESS (“clearly written”) RIGHTS

The Executive

Can INTERPRET the Constitution to have IMPLIED RIGHTS (rights not written, but the words mean that certain rights DO still exist)

Can REFUSE TO SIGN laws passed by parliament if they violate the rights found in the Constitution

Governor-

General

The

HIGH COURT

Agrees to treaties

FEDERAL

PARLIAMENT

Passes statute laws (including laws that reflect our obligations under human rights treaties we have signed).

Starting in 2012, all Bills come with a ‘Statement of Compatibility’, which tells Australians if parliament is passing a law that is incompatible with Australia’s international human rights obligation – Human Rights (Parliamentary Scrutiny) Act 2011) – but even if a Bill fails this test, it doesn’t stop the Bill from becoming a law!

PM

Ministers

Can PASS STATUTES that replace common law decisions (can override the decision by passing a law)

Can INTERPRET statute laws to include HR

COURTS

& TRIBUNALS

(there are some long-standing common law rights)

APPLY HR statutes to cases

INFLUENCE

INFLUENCE

NGOs

THE MEDIA

INFLUENCE


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