1. The Incorporation of Human Rights into Domestic Law
BASICS DETAILS GOOD THINGS BAD THINGS LCMs
Human rights in Australia The federal parliament Each Bill now has to have NONE of the HR treaties Constitution - s. 51 (xxix)
come from: gets the power to make a ‘Statement of we’ve signed have been (The ‘External Affairs
1. LAWS (mainly) laws reflecting Compatibility’ which tells fully brought into power’)
2. Cases (some) international treaties from Australians if a law is Australian law (there are - Gives federal
3. The Constitution (few) the External Affairs going to breach their always gaps and parliament the right to
power in the Constitution international human inconsistencies) make laws that reflect
Just because Australia
rights our international
signs a treaty, it doesn’t Even if a law breaches our
human rights
make it law. They have to The Governor-General our international human
agreements
pass a normal law through can refuse to sign laws rights agreements, it can
parliament. that breach Constitutional still be passed Human Rights
rights (Parliamentary Scrutiny)
Even if a court recognises
Act 2011
There are some ‘Express a human right, parliament
- Makes sure that each
Rights’ clearly written in can just pass a law to deny
Bill in parliament has a
the Constitution that it
‘Statement of
can’t be taken away
The media can be a bad Compatibility’
The High Court can influence on the attached, which tells
interpret the Constitution government when it everyone if any of our
to mean that we have comes to human rights human rights would be
certain rights breached by that Bill
Australia DOES NOT HAVE
- This law DOESN’T give
Courts and tribunals can a Bill of Rights (there’s no
parliament the power
interpret laws to mean single list of our rights)
to STOP a Bill from
that we have certain
passing if it DOES
rights
violate our human
NGOs can pressure the rights
government to improve
human rights standards
Italics = emphasis
BOLD = Names of things
BOLD & UNDERLINED = LCMs

2. BASICS DETAILS GOOD THINGS BAD THINGS LCMs