REVISION+SHEET-+Constitution+3

REVISION SHEET - Constitution 3  __Introductory questions__ 1 What are statutory rights? How do they differ from express rights entrenched in a constitution? 2 What two approaches are relevant to Australia?

__Structural protection of rights__ 1 How can the principle of separation of powers help to protect the rights of Australians? 2 How does responsible government protect rights? 3 How does representative government protect rights? 4 How is the implied right of political communication relevant to representative government?

__Australia — express and implied rights__ 1 How are rights in Australia mainly protected? 2 What is the role of the Constitution in protecting rights? Explain three of the express rights in the Constitution. 3 How can the express rights that are entrenched in the Constitution be changed? 4 Explain the implied right to freedom of political communication. Do you agree with the decision in Australian Capital Television Pty Ltd v. The Commonwealth of Australia (1992)? Give reasons. 5 To what extent is our right to vote protected by the Constitution? 6 How are the rights in the Constitution enforced? 8 To what extent are our express and implied rights protected?

__Evaluation of the protection of the rights of Australians by the Commonwealth Constitution__ 1 Evaluate the means by which the rights of Australians are protected by the Commonwealth Constitution, and the extent of the protection. 2 Do you think Australia should adopt a bill of rights? Discuss. In your discussion, comment on whether you think a bill of rights should be a constitutionally entrenched bill of rights or a statutory bill of rights. Explain the difference between these two approaches to the protection of rights.

__United States — protection of rights__ 1 In what document is the US Bill of Rights found? 2 Describe three types of rights protected in the US Bill of Rights. 3 How can the US Bill of Rights be amended? Compare this method of amending the Bill of Rights with the method of amending the Constitution of Australia. 4 Explain an implied right in the US Bill of Rights. 5 Discuss the similarities and differences between the Australian approach to the protection of express rights and the approach taken in the United States. 6 Discuss the advantages and disadvantages of the US Bill of Rights as a means of protecting rights.

__General Questions__ 1 Compare the approach adopted for the constitutional protection of rights in Australia with the approach taken in either, the United States of America, Canada, South Africa or New Zealand. (8 marks) 2 Evaluate the effectiveness of the Australian Commonwealth Constitution in protecting rights as compared with the effectiveness of the approach taken in one of the other countries studied. (12 marks) 3 Explain three different approaches to the protection of rights. (6 marks) 4 Describe the ways that rights are protected in Australia. (3 marks) 5 Analyse the Political Advertising Case and explain how this case is an example of the High Court’s role in the protection of rights in the Constitution. (8 marks) 6 Evaluate the means by which rights of Australians are protected by the Commonwealth Constitution, and the extent of this protection. In your evaluation, discuss structural protection, express rights and implied rights. (15 marks) 7 Compare the approach adopted for the constitutional protection of rights in Australia with one of the following countries: the United States of America, Canada, New Zealand or South Africa. (12 marks)