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How to write study notes for legal studies
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How to write study notes for legal studies

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  • 1. The Incorporation of Human Rights into Domestic Law BASICS DETAILS GOOD THINGS BAD THINGS LCMsHuman rights in Australia The federal parliament Each Bill now has to have NONE of the HR treaties Constitution - s. 51 (xxix)come from: gets the power to make a ‘Statement of we’ve signed have been (The ‘External Affairs1. LAWS (mainly) laws reflecting Compatibility’ which tells fully brought into power’)2. Cases (some) international treaties from Australians if a law is Australian law (there are - Gives federal3. The Constitution (few) the External Affairs going to breach their always gaps and parliament the right to power in the Constitution international human inconsistencies) make laws that reflectJust because Australia rights our internationalsigns a treaty, it doesn’t Even if a law breaches our human rightsmake it law. They have to The Governor-General our international human agreementspass a normal law through can refuse to sign laws rights agreements, it canparliament. that breach Constitutional still be passed Human Rights rights (Parliamentary Scrutiny) Even if a court recognises Act 2011 There are some ‘Express a human right, parliament - Makes sure that each Rights’ clearly written in can just pass a law to deny Bill in parliament has a the Constitution that it ‘Statement of can’t be taken away The media can be a bad Compatibility’ The High Court can influence on the attached, which tells interpret the Constitution government when it everyone if any of our to mean that we have comes to human rights human rights would be certain rights breached by that Bill Australia DOES NOT HAVE - This law DOESN’T give Courts and tribunals can a Bill of Rights (there’s no parliament the power interpret laws to mean single list of our rights) to STOP a Bill from that we have certain passing if it DOES rights violate our human NGOs can pressure the rights government to improve human rights standardsItalics = emphasisBOLD = Names of thingsBOLD & UNDERLINED = LCMs
  • 2. BASICS DETAILS GOOD THINGS BAD THINGS LCMs

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