4.1.06c The express protection of rights

Express rights are:

• contained in a bill of rights passed by the Australian Parliament.
• rights that are stated in the Australian Constitution.
• rights that are stated in High Court judgments.
• often amended or deleted by acts of parliament.

Express rights are entrenched, meaning they:

• can be overturned by the High Court.
• can be changed by agreement between the states.
• can only be changed by a referendum.
• can be changed by an act of parliament.

True or false: The Commonwealth Parliament can legislate with respect to declaring a national religion.

• False – it is stated in section 116 of the Constitution that the Commonwealth is not to legislate with respect to declaring a national religion.
• True – it is stated in section 7 of the Constitution that the Commonwealth can legislate with respect to declaring a national religion.

Darryl’s house has been valued by a property valuer. Although he has no interest in selling, Darryl has been informed by the property valuer that a developer wants to acquire his land. Which section of the Constitution ensures that Darryl’s property will be acquired on just terms?

• Section 109
• Section 7
• Section 51
• Section 1

Which one of these is not a weakness of the express rights in the Constitution acting as a check on parliament in law-making?

• The rights that are protected are limited in scope.
• Express rights can only be changed through the complex process of a referendum.
• The protection of rights does not prevent the Parliament from passing the law.
• Any person who believes that a law infringes on these rights can take a case to the High Court.