LS Unit 2, AOS 3: Rights

Which of the following is not a right?

• A freedom of assembly

• A right to keep slaves

• A freedom of speech

• A right to practise religion

The right to privacy is protected by:

• the Charter of Human Rights and Responsibilities.

• the Australian Constitution.

• statute law.

• common law.

What is meant by the term ultra vires?

• It means ‘ultra’ cool.

• It means ‘beyond the powers’ – a law made beyond the powers of the parliament.

• It means ‘to stand by what’s been decided’ – part of the reasons for the decision of the court.

• It means ‘by the way’ – statements said by the way in a court.

Which of the following is an expressed right contained in the Constitution?

• A right to trial by jury for indictable Commonwealth offences.

• A right to trial by jury for state and Commonwealth offences.

• A right to freedom of speech

• A complete right to freedom of movement.

The Australian Government has just signed a treaty which sets out obligations to protect disabled people around the world.

• No, because legislation has to be passed formally adopting the provisions of the treaty.

• Yes, because treaties are automatically binding on all countries that are part of the United Nations and Australia is a member of the UN.

• No, because the states first need to agree before it becomes law. A meeting will be held where the states will formally adopt the treaty.

• Yes, because it has been signed.

Which of the following is a similarity between the way that the United States of America and Australia protect rights?

• Both countries protect the principle of separation of powers.

• Both countries have a bill of rights.

• Both countries have a referendum process requiring a double majority for rights to be changed.

• Both countries have a High Court that can enforce the rights set out in the Constitution.

Which of the following best describes the impact that Mabo v Queensland (no. 2) 1992 had on rights protection in Australia?

• The historic decision was made to uphold the principle that Australia is terra nullius.

• It forced the government to hold a referendum to change the Constitution to recognise Aboriginal Australians.

• The historic decision was made that native title cannot be extinguished and that all Aboriginal land must be handed back to Aboriginal people.

• The historic decision was made to overrule the long-established and false common law principle that Australia was terra nullius.

True or False. The Australian Constitution is referred to as a law?

• True

• False

Answer explanation

Although, it’s an act called the Commonwealth of Australia Constitution Act 1900, you should think of it like a set of rules about how the Australian legal system is organised.

The right to free trade and commerce between states is...

• an expressed right of the Constitution.

• an implied right of the Constitution.

• a statutory right.

• a common law right.

The the right to freedom of political communication is...

• an expressed right of the Constitution.

• an implied right of the Constitution.

• a statutory right.

• a common law right.