Flashcards
la1104 week 11
Cards in this deck (18)
- 1what is good governance?in order to have an efficient governance framework we need a notion of constitutionalism
-assisted government according to constitutional principle - 2What is the shape of global governance in C21-multi centric
- shit away from state centred models
-MNC play big role
-new social movements - 3where do states fit into global governance- state power is still the strongest although global law has strong influence
- thorpe v Cth sought declaration from HC to force AU govt to go to UN to seek a resolution of status of aboriginal people --> seeking the HC control the way in which the Cth conducts international relations. courts cannot do this - 4what basic human types of human rights are recognized?1. civil/political rights - democratic participation, speech, fair trial etc
2. social economic and cultural in nature - right to be employed, healthcare
3. more borad spectrum- right to self-determination, healthy environment - 5how have states recognized universal human rights for all as basic rules/principles for good governance-all UN members ratified treaties incorporated principles and rules into domestic laws
-universal declaration of human rights 1948
-international covenant on economic social and cultural rights 1966 - 6How does international law become australian law?-External affairs power s51 sub 22 - legal basis for australias ratification of international treaties
- these become domestic laws only when australia has made the legislation otherwise its simply international law
- if Cth does not want to ratify then they cannot be forced (minister for environment v pekoh- world heritage list) - 7what are the core principles of good governance ?-constitutionalism
- citizenships
-ROL
-due process
-human rights - 8how are citizens empowered by governance principles and political / legal rights-constitutional framework
- parlimentary supremacy
- ROL - rights protected
- responsiblegovernment and ministerial responsibility (relevant minister wil be responsible for what happens in their department)
-representative democracy
-separation of power - 9judicial review in maintaining effective governance-refers to your right to have any adverse decision judicially reviewed
- both domestic and international
- you can tell the state of a country by this process- must be transparent and accountable society - 10why is there no bill of rights for australia?1. historically there are enough protections within the Cth itself that will enhance and protect our rights- where it doesn't- legislation is made
2. it will interfere w parliamentary supremacy
3. white australia act- legislation to keep australia white - 11do we have a political rights deficit?- dont have the right to aboriginal self determination
-dont have a right to due process- its under common law, and statute which both can be overridden - 12do we have a social cultural rights deficit- we have freedom of religion
- we have an implied right to vote (right can be removed) s41 constitution - 13how should any deficit in rights be met in australia?civil war
1. a deficient should be met by this gradual accretion through acts of parliament
2. the rights deficit should be met by activist judges (not really an option bc they r unelected)
3. a deficit should be met by a bill of rights passed democratically through parliament - 14Rawl's theory of justiceparticipants in debate on the content of justice take positions based on prejudice which makes consensus impossible
- 15international human rights laws are "soft", are such rights of any relevance to australian citizens?- australian law is piece-meal --> some is covered by statute and some by com law and constitution
-prob w statute can be overwritten by other statutes
- prob with com law- can be over ridden by parliament - 16international human rights laws are "soft", are such rights of any relevance to australian law makers1. important because law for australian citizen --> cant conflict w human rights
2. in our treatment of asylum seekers bc they may be in breach of international obligations - 17Arguments against a bill of rights- not our tradition
weve come thus far w/o it
- it would actually limit rights- charter lists all the rights and will not enforce ones not listed
-overlooks POTENTIAL problems. only relevant for the immediate future
- we have enough specific laws to protect our rights - 18arguments for bill of rights-there is an inherent defect of democracy, some people are disadvantaged and a BOR ensures their protection
- law is political and government making parliament around their idealogies may disadvantage others. a BOR would stop infringing political laws.
-cannot rely on courts because of parliamentary supremacy
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- Flashcards on la1104 week 11, created by Megan Mackie on 04/11/2015.
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- Megan Mackie
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