Individual and the Law.
A right is a claim made by individuals or groups that enables them to be treated in a certain way by other individuals or institutions. Rights are established, protected, restricted and potentially removed by acts of government, and this is thought to be a weakness of the Australian Constitution.
In Australia, human rights are protected in different ways. Unlike other liberal democracies such as the United States, Australia has no Bill of Rights to protect them in a single document.
Rights may be found in the Constitution of Australia which sets the formal guidelines for Australian Government and law. Rights are also protected by statute and common law. Many protections that we identify as Human Rights are protected by Australian judges applying common law principles, particularly in contract law and tort law.
The Human Rights and Equal Opportunity Commission Act 1986 specifies the powers and functions of the Australian Human Rights Commission as the Commonwealth agency responsible for monitoring and promoting human rights protection.
It is also responsible for the Racial Discrimination Act 1975, the Sex Discrimination Act 1984 as well as the Disability Discrimination Act 1992.
international law can be made through the formation of treaties between two or more nations, they are automatically binding to the citizens of a nation if the treaty is self-executing but in Australia treaties must be implemented through domestic legislation. Some important treaties that Australia is apart of are;
The Term Paper on The Human Rights Act ’98 and Judges
The Human Rights Act ’98 and Judges Introduction Rights that protect human beings and the extent of legality of what they are entitled to as people are a core part of each constitution globally. The extent of human rights protection varies from country to country, with total democracies having most human rights that encompass freedom of speech and expression among other freedoms. These are ...
Convention Against Torture (CAT), Office of the High Commissioner for Human Rights
Convention on the Elimination of All Forms of Racial Discrimination (CERD), Office of the High Commissioner for Human Rights
Convention on the Rights of the Child (CRC), Office of the High Commissioner for Human Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR), Office of the High Commissioner for Human Rights
Convention on the Elimination of All Forms of Racial Discrimination (CERD), Office of the High Commissioner for Human Rights
The International Covenant on Civil and Political Rights (ICCPR), Office of the High Commissioner for Human Rights
States parties are expected to present periodic reports on the actions taken to give effect to their responsibilities under the treaties.
The Universal Declaration of Human Rights is a declaration adopted by the General Assembly of the United Nations in 1948. It urges the nations of the world to promote human, civil, economic and social rights and it states all the rights to which humans are entitled.
Conflicts between the rights of individuals and their responsibilities to the state are resolved through different methods, informal and formal. State interference with personal liberties can only work depending whether there is jurisdiction there or not. Courts began to interpret the Constitution in such a way as to find rights for individuals that were implied rights rather than expressly (explicitly) stated.
The United Nations helps promote the rights and culture of indigenous people in Australia by declaring a particular decade devoted to ‘World Indigenous Rights’ between 1995 and 2004, this then helped the UN draft a charter of indigenous human rights.
After years of challenges experienced by indigenous people because of the differences between their laws and traditions and the English law, through self determination indigenous communities have gained more rights and responsibilities like the practice of tribal law being used rather than the use or enforcement of English common law (this does not apply to all areas though).
The Essay on Native Title Law Reform Australia
Mabo and others v State of Queensland (No.2 (1992) HCA 23, is arguably one of the most famous native title claims in Australian history. This case was the first in Australian history to successfully overturn Terra Nullius and essentially led to the creation of the Native Title Act 1993 (Cth) (‘The Act’). Terra nullius means land belonging to no one or land that has never been subject to ...
Self Determination means the right to determine one’s own acts without external influence, indigenous people are entitled this through political autonomy.
There are many law enforcement agencies in Australia, the federal and state police being the most important. Their role is to prevent crime through education in schools and centers like the PCYC, investigate crime, arrest and prosecute offenders. But the New South Wales police only have jurisdiction within the NSW boundaries as well as certain powers like the right to RBT’s, warrants to search premises and the right to question anyone. The NSW police also enforces the Crimes Act 1990 (NSW) and the Road Transport Act 1999 (NSW).
The Federal Polices role on the other hand is to enforce Commonwealth of Australia criminal law and to protect Commonwealth and national interests, from crime in Australia and overseas. The Australian Federal Police is Australia’s international law enforcement and policing representative, and the Government’s chief source of advice on policing issues.
Other law enforcement agencies in Australia are The Australian Security Intelligence Organisation (ASIO) which is responsible for the national security of Australia and the protection of the country and its citizens from acts of violence and terrorism. Australian customs, Quarantine and inspection services are rresponsible for the quarantine and clearance of incoming passengers and their baggage and The Australian Customs Service provides effective border management preventing illegal movement of people and goods across the border. Customs works with other Australian and international agencies, on counter-terrorism and the fight against organised crime.
There are a number of different ways by which individuals can challenge state power. Some are informal (non-legal) methods, and others involve formal legal channels. The effectiveness of all these methods depend primarly on what exactly is being challenged and what process is appropriate.
The Essay on Translate The Sentences Interpol Police Crime
> ()... , No No () 200. , 200... , 200. 200... , () 200 3. 2 1. Use the verbs in the brackets in a suitable form. Translate the sentences into Russian: John Brown works at the Los Angeles Police Department. His duty is to make uniform patrol in the district. For many years John Edgar Hoover was the head of the FBI and made it the world's greatest law enforcement organization. He said that the ...
The media can be very effective in having a government decision reviewed or overturned due to the pressure and the attention it places on the legislations or cases that are considered to affect the rights of individuals. Trade Unions can also have a considerable influence on government power due to their ability to take industrial action and to represent the views of workers. When a government decision affects a large number of people it can often be effectively challenged through pressure from interest groups and Non-government organizations, an example of an interest group is Greenpeace, it was actively involved in the protest and prevention of Japanese whaling in 2006.
The formal methods are not always more effective, for example, Internal reviews can be ineffective of a practical outcome if the people involved have been apart of the decision made that was inappropriate or unjust. External reviews on the other hand are highly effective as there are many avenues that can be pursued like administrative and other tribunals, privacy bodies, the Courts, Ombudsman as well as various Statutory Bodies created for public purposes.
Technological laws have impacted on individuals and society in a number of ways as technology advances and the legal system changes.
Laws have been put in place to protect people within cyberspace aiming to strengthen the interrelationship between them through The Crimes Act 1900 (NSW) where sections set out computer offences, this is just a general statute though. There are also Acts at federal and state level that specifically pertain to cyberspace activities, such as The Spam Act 2003 (Cth).
Racial hatred is illegal in Australia under the Racial discrimination Act 1975 (Cth) and this act has been extended to even apply equally to cyberspace, to help individuals.
Privacy and intellectual property are other issues when it comes to technology, for example a music artist Lilly Allen had conflict regarding the illegal downloading of music (specifically her music), or better know as intellectual property, this is a breach of copyright laws. The Australian music industry is trying to get a legislation to pass for ISP’s to shut down accounts of people who continue to use PSP sites.
The Essay on A LOOK INTO MUSIC TECHNOLOGIES
HOW HAS THE INFORMATIONAL AGE INFLUENCE MUSIC? As we enter a new millennia, so will our music. The entire field of music has experienced dramatic changes due to the post- industrial/ informational age. This paper will focus primarily on the expansion of musical research and the development of new tools to aid in learning. The overall reaction details innovations that enhance and expand the depths ...
In Australia we are exposed to technology everyday through the internet, mobiles and televisions, even EFTPOS transactions. Technology is on the cutting edge of development so this can often cause many challenges for the government in trying to make regulations and laws especially after John Berry Barlow published a ‘Declaration of independence of cyberspace’.
