Unit 4: Accountability and Rights

13 dot points, in syllabus order. Each dot point has a focused answer, with exam-style questions and worked answers where available.

Which rights are expressly protected by the Australian Constitution and how strong is that protection?

Explain the express rights in the Australian Constitution and evaluate how effectively they protect individuals

Express constitutional rights. Covers the five express rights including trial by jury (s80), freedom of religion (s116), acquisition on just terms (s51(xxxi)) and freedom from interstate discrimination (s117), with their judicial limits.

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How did the High Court imply a freedom of political communication and what does it actually protect?

Explain the implied freedom of political communication and evaluate its significance for rights protection in Australia

Implied freedom of political communication. Covers how it was derived from representative government, the Lange test, key cases, and why it is a limit on power rather than a personal right.

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How does rights protection in Australia compare with a country that has a bill of rights?

Compare the protection of rights in Australia with one other country and evaluate the relative effectiveness of each

WACE Politics and Law dot point comparing rights protection in Australia with another country. Compares Australia's reliance on the political process with the entrenched United States Bill of Rights, evaluating the strengths and weaknesses of each model.

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How do the rule of law and natural justice protect individuals in their dealings with government?

Explain the principles of the rule of law and natural justice and analyse how they support accountable government

Rule of law and natural justice. Covers procedural fairness, the hearing rule and the bias rule, the presumption of innocence, and how these principles keep government decision-making accountable.

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How does international law become part of Australian law and what does the external affairs power allow?

Explain how international law is incorporated into Australian domestic law and analyse the scope of the external affairs power

Incorporating international law. Covers treaty-making by the executive, the requirement for legislation to give treaties domestic effect, the external affairs power and the Tasmanian Dam Case.

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How does international law operate and how does it interact with Australian law?

Analyse how international law is made and enforced and how it becomes part of Australian domestic law

International law and Australia. Covers sources of international law, treaty-making, the external affairs power and domestic incorporation.

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How does the United Nations promote and enforce human rights, and how effective is it?

Analyse the role of the United Nations and its bodies in protecting human rights and evaluate their effectiveness

United Nations and human rights. Covers the principal UN organs, the Human Rights Council, treaty committees, the role of the Security Council and the limits on enforcement.

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How is the executive held accountable for its administrative decisions in Australia?

Analyse the mechanisms of open government and administrative law and evaluate how effectively they hold the executive to account

Open government and administrative law. Covers freedom of information, the ombudsman, tribunals, judicial review and merits review, and how each holds executive decision-making to account.

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How are the rights of individuals protected and limited in Australia?

Analyse the means by which rights are protected in Australia and evaluate how effective they are

Rights protection in Australia. Covers express and implied constitutional rights, statute, common law and the absence of a national bill of rights.

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How does international law define and seek to protect human rights?

Analyse the sources and instruments of international human rights law and evaluate their effectiveness

Human rights in international law. Covers the UDHR, the major covenants, UN bodies, enforcement and the limits of state sovereignty.

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How do statute and the common law protect rights in Australia and how secure is that protection?

Analyse the protection of rights through statute and the common law and evaluate the security of those protections

Statutory and common law rights. Covers anti-discrimination and privacy statutes, common law rights and the principle of legality, and why these protections can be overridden by Parliament.

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How is government held accountable for the exercise of its power?

Analyse the mechanisms that promote accountable and responsible government in Australia and evaluate their effectiveness

Governance and accountability. Covers responsible government, separation of powers, the courts, the media and external scrutiny bodies.

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Should Australia adopt a national bill or charter of rights?

Evaluate the arguments for and against a statutory or constitutional bill of rights for Australia

Whether Australia should have a bill of rights. Covers the arguments for and against, the difference between statutory and constitutional models, and the existing state and territory charters.

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