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Explain how one democratic or human right is protected by the Commonwealth Constitution - VCE - SSCE Legal Studies - Question 8 - 2006 - Paper 1
Question 8
Explain how one democratic or human right is protected by the Commonwealth Constitution. ‘The approach adopted for the constitutional protection of democratic and h... show full transcript
Worked Solution & Example Answer:Explain how one democratic or human right is protected by the Commonwealth Constitution - VCE - SSCE Legal Studies - Question 8 - 2006 - Paper 1
Step 1
Explain how one democratic or human right is protected by the Commonwealth Constitution.
Answer
One significant democratic right protected by the Commonwealth Constitution is the right to vote, outlined under Section 7 and Section 24. These sections dictate that the Senate and the House of Representatives shall be directly chosen by the people, ensuring that all eligible citizens have the opportunity to participate in elections. This foundational principle helps maintain the democratic process by ensuring that representatives are accountable to the electorate.
Step 2
Compare Australia’s approach with the approach of one of the following countries: the United Kingdom.
Answer
Australia’s constitutional protection of rights is more rigid compared to the United Kingdom, which does not have a single written constitution. In the UK, human rights are largely protected through statutes such as the Human Rights Act 1998, which incorporates the European Convention on Human Rights into domestic law. Unlike Australia, where constitutional amendments require a referendum, the UK can change laws more fluidly through parliamentary process, marking a significant difference in how rights are managed and protected.