1. Democracy
Legal Studies
Year 12 VCE

2. Defining Democracy
Democracy is a form of government under which the power to alter the basic laws and bodies that form government lies with the voting citizens referred to as ‘the people’.
Importance of the role of representatives of the people…
- act by people’s consent
- enforced by elections and the rule of law

3. What is Representative Democracy?
System where voters choose (in free, secret multi-party elections) representatives to act in their interests.
Problems:
Party Politics ‘voting on party lines’
Government elected by majority – the need for minority groups to be protected
How?
Separation of powers
Representative government and responsible government and now
Constitutional protection

4. Rights Protection Basic Human rights protected by:
United Nation 1948 Universal Declaration of Human Rights
Examples:
right to freedom from discrimination,
protection from unlawful detention,
presumption of innocence when charged with criminal offence,
protection from inhumane or degrading punishment,
right to marry and own property and
freedom of religion, conscience and political expression

5. What are democratic rights. (page 139) Examples What are human rights
What are democratic rights? (page 139) Examples What are human rights? (page 139)

6. AUSTRALIA How are rights protected in Australia? The Constitution
Universal Declaration of human rights
Rights protection
State or territory bill of rights
International Convention on the Rights of the Child
Statute/legislation
Common Law

7. Rights protected by the Commonwealth Constitution
ENTRENCHED RIGHTS
1. Freedom of religion
2. Interstate trade and commerce
3. Discrimination on basis person resides in
4. The Commonwealth acquiring property on ‘Just Terms’
5. Jury trial for indictable commonwealth offences
IMPLIED RIGHTS
Political Communication
Right to vote

8. 1. Freedom of Religion S116
(Page 141) What kinds of things about religion is the Commonwealth prohibited from legislating?

9. 2. Interstate Trade and Commerce s92
(page 141)

10. 3. Discrimination s117
(page 141)

11. 4. Just terms s 51(xxxi)
(page 142)

12. 5. Just Terms s80
(Page 142)

13. IMPLIED RIGHTS 1. Political Communication (Page 142)
Australian Capital Television v The Commonwealth (1992)
Facts: Commonwealth legislation banned all political advertising on radio and television during election periods. Allowed advertising only to parties that already had members of parliament.
What was the decision of the High Court in this case? (page 143)

14. What is the significance of Lange v Australian Broadcasting Corporation (1997)? (page 143)

15. 2. Right to Vote (Page 143) (Universal suffrage) Roach v Electoral Integrity ad Others measures) Act 2006 (Cth) Page 143) What were the facts of this case? What is the significance of s24 and s7 of the Constitution?

16. How are rights enforced?
What is the role of the High Court? What options does parliament have if legislation has been declared invalid?

17. Read Pages 144 to 146
Home work: Construct a chart that list the argument for and against a bill of rights. Summarise pages 146 to 158 (You do not have to answer the questions - We will read through case studies and answer questions in class on Friday – however it would be a good idea to read and highlight important terms for question 43 to 71)