Latest Posts By Jonathan Tjandra

International law 0

International law

Examples Universal Declaration of Human Rights 1948 International Covenant on Civil and Political Rights 1966 (ICCPR ratified in 1980) International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR ratified in 1972) Convention relating...

Statutory rights 0

Statutory rights

Examples Human Rights and Equal Opportunities Act 1986 – establishing the Human Rights and Equal Opportunities Commission. Currently presided over by Gillian Triggs Racial Discrimination Act 1975 – Koowarta v Bjelke Peterson 1982; Eatock v. Bolt...

Implied rights 0

Implied rights

Implied rights are those which are not specifically stated in the Constitution, but have been found by the HC to have been implied in the Constitution. It is often said that these rights have...

Express rights 0

Express rights

Examples Acquisition of property on just terms S 51 xxxi states that any acquisition of property by the Commonwealth must be on just terms This means that the C’th may acquire property for a...

Rights protections in Australia 0

Rights protections in Australia

Constitution (express rights) Statute law Common law (including implied rights) International treaties “To live in a common law country is the best guarantee of the rights of the individual” – Robert Menzies Why are...

Definitions – Rights 0

Definitions – Rights

Right A moral or legal entitlement to do something or refrain from doing something. Human right (or natural, universal) Those rights which are not necessarily legally enforceable, but are universal and should be accessible...

Quotes and Examples – Accountability and Governance 0

Quotes and Examples – Accountability and Governance

Richard McGarvie A GG should be entirely above partisan politics and exerts an unifying influence. John Faulkner, Senator Best accountability mechanism of any Australian parliament (Estimates committees) Richard Mulgan It is widely accepted that...

Censure of judicial officials 0

Censure of judicial officials

“A judge is answerable only to their conscience” – Kirby J Breaking the law 1985 – Chief Magistrate Murray Farquhar (R v Farquhar 1985) – Farquhar pressured a fellow magistrate to drop a case...

Accountability of the Courts 0

Accountability of the Courts

Summary Foundation: separation of powers, natural justice and rule of law Competence, Independence, Impartiality Through appeals and the common law Through parliamentary scrutiny and legislation (parliamentary sovereignty) Through transparent processes and public confidence Through...

Senate committees 0

Senate committees

The principle means whereby the Senate obtains information bearing on the accountability of the executive are committee inquiries – Harry Evans, former Clerk of the Senate May only inquire into matters referred to them...

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