DemocracyLegal StudiesYear 12 VCE

Defining DemocracyDemocracy is a form of government under

which the power to alter the basic laws and bodies that form government lies with the voting citizens referred to as ‘the people’.

Importance of the role of representatives of the people…- act by people’s consent - enforced by elections and the rule of law

What is Representative Democracy?System where voters choose (in free, secret multi-party

elections) representatives to act in their interests.

Problems: Party Politics ‘voting on party lines’Government elected by majority – the need for minority

groups to be protected

How?Separation of powersRepresentative government and responsible government and

nowConstitutional protection

Rights Protection Basic Human rights protected by:

United Nation 1948 Universal Declaration of Human Rights

Examples: right to freedom from discrimination, protection from unlawful detention, presumption of innocence when charged with criminal

offence, protection from inhumane or degrading punishment, right to marry and own property and freedom of religion, conscience and political expression

What are democratic rights? (page 139)

Examples

What are human rights? (page 139)

Examples

AUSTRALIAHow are rights protected in Australia?

Rights protection

Universal Declaration of human rights

International Convention on the Rights of

the ChildCommon

Law

Statute/legislation

State or territory

bill of rights

The Constitution

Rights protected by the Commonwealth ConstitutionENTRENCHED RIGHTS

1. Freedom of religion

2. Interstate trade and commerce

3. Discrimination on basis person resides in

4. The Commonwealth acquiring property on ‘Just Terms’

5. Jury trial for indictable commonwealth offences

IMPLIED RIGHTS

1. Political Communication

2. Right to vote

1. Freedom of Religion S116(Page 141)What kinds of things about religion is the

Commonwealth prohibited from legislating?

2. Interstate Trade and Commerce s92(page 141)

3. Discrimination s117(page 141)

4. Just terms s 51(xxxi)(page 142)

5. Just Terms s80(Page 142)

IMPLIED RIGHTS1. Political Communication (Page 142)

Australian Capital Television v The Commonwealth (1992)

Facts: Commonwealth legislation banned all political advertising on radio and television during election periods. Allowed advertising only to parties that already had members of parliament.

What was the decision of the High Court in this case? (page 143)

What is the significance of Lange v Australian Broadcasting Corporation (1997)? (page 143)

2. Right to Vote (Page 143)

(Universal suffrage)

Roach v Electoral Integrity ad Others measures) Act 2006 (Cth) Page 143)

What were the facts of this case?

What is the significance of s24 and s7 of the Constitution?

How are rights enforced?What is the role of the High Court?

What options does parliament have if legislation has been declared invalid?

Read Pages 144 to 146Home work:Construct a chart that list the argument for and against

a bill of rights.

Summarise pages 146 to 158

(You do not have to answer the questions - We will read through case studies and answer questions in class on Friday – however it would be a good idea to read and highlight important terms for question 43 to 71)