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LCMD for law and justice/human rights (1 Viewer)

goan_crazy

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Feel free to post up any legislation, cases, media reports and documents relating to law and justice/human rights
these may not be needed but its good 2 hav em neway i guess
enjoy ;)
 

~*HSC 4 life*~

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they're DEFINATELY needed :p

R v Laws- rule of law
R v Castel- equality of outcomes/rule of law
Anti Discrimination Act- formal equality
 

monique66

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~*HSC 4 life*~ said:
they're DEFINATELY needed :p

R v Laws- rule of law
R v Castel- equality of outcomes/rule of law
Anti Discrimination Act- formal equality
could you please explain the cases? I'd like to quote them but i won't if i have no idea what happened in them :p
 

sly fly

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damnation said:
could you please explain the cases? I'd like to quote them but i won't if i have no idea what happened in them :p
Yeah me too lol. Also theres the david hicks case for rule of law/natural justice.
 

Aimz- Lou.

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"Stand up for your rights stuff..." (SMH, Oct 8, 2005.)

"Labour supports Human rights bill call." (SMH, Oct 5, 2005.)
 

roadcone

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well the obvious ones;

* United Nations Declaration on Human Rights (1948)
* International Covenant on Civil and Political Rights (1966)
* International Covenant on Economic, Cultural and Social Rights (1966)

Then the more case study specific ones;

* Covenant on the Elimination of Discrimination Against Women (1979)
* Anti-Discrimination Act 1977 (NSW)
* Sex Discrimination Act 1984 (Cth)
* ABS 2000 - Women receive 84% wage of male counterparts
* Convention on the Status of Refugees (1951)
* Migration Act 1958 (Cth)
* Convention on the Elimination of Racial Discrimination (1966)
* Racial Discrimination Act 1975 (Cth)
* Human Rights and Equal Opportunity Act 1986 (Cth)
* Byrne v Australian Airlines (1994) - natural justice
 

goan_crazy

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Also remember historical constitutional documents
its a
  • dotpoint of the syllabus
e.g. Magna Carta, Croc, UDHR etc...
 

melsc

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Law & Justice LCMD List

Legislation/Treaties
 Native Title Act 1993 (Cth)
 Letters Patent - Gave the governor power to develop a colony and civil government in NSW
 NSW Act 1787 - Established a military style court of criminal judicature in NSW.
 NSW Act 1823 p- Removed the court established by the previous act and created the Supreme Court. Established a legislative council to advise the governor.
 Australian Courts Act 1828 - Ensured all English laws (up until July 1828) applied to the colony and local law makers could alter or nullify these laws to suit the colony if necessary, all laws after that date only applied if they expressly stated to do so.
 NSW Government Act 1855 - Created a constitution for the running of NSW. Established a parliament of two houses, (governor most powerful person)
 Colonial Law Validity Act 1865 - Established parliaments in various colonies to make their own law and alter or remove law that was irrelevant to colonial rule.
 Commonwealth of Australia Constitution Act 1900 (UK) - Created a Federal constitution, established federal parliament, high court, divided power between Federal Parliament and states. High court highest court of appeal in Aust. But could appeal to the privy council.
 Statute of Westminster 1931 (UK) - British acts now longer applied to a “dominion” unless the dominion asks, states could be affected by the laws as they were not dominions.
 Privy Council (Appeals from the High Court) Act 1975 (Cth) - Removed right to appeal from the high court to the privy council, appeals from state supreme courts could by-pass high court to privy council.
 Australia (Request and Consent) Act 1985 (Cth)/ Australia Act 1986 (UK) - Removed the right to appeal to Privy Council from state supreme courts, also removed non dominion states from British control.
 Drug Trafficking Act 1985 (NSW) to ensure social control


Cases
 Shaw v DPP [1962] AC 220 - The House of Lords who heard the appeal, stated that one of the functions of the court is to preserve the moral welfare of the state.
 Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 - The court found in favour of Mrs Carlill, an offer could be made to the world at large and could be validly accepted by anyone who followed the directions.
 Donoghue v Stevenson [1932] AC 562 - : The Court found that Donoghue was owed a duty of care, the use of an opaque bottle by the company prevented Donoghue from checking the contents and the company should have prevented the contamination.
 Franklin Dam Case - Laws serve the short term political interests of the government
 Byrne v Australia Airlines Ltd (1994) 120 ALR 274 – natural justice
 Waterhouse v Bell (1991) EOC 376 – bias, natural justice


Documents
 Universal Declaration of Human Rights 1948 – first document developed by the UN on human rights (not binding).

Media Reports
 

Huratio

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EDIT: NOTE website i made is dead. Full access document is available on the attachments.
I guess i never posted my list in 2005 well here it is:


Legislation from this topic
 Colonial Laws Validity Act (Cwlth) 1865
 Commonwealth of Australia Constitution Act (Cwlth) 1900
 Statute of Westminster (British) 1931
 Australia Acts (Cwlth) 1986
 Trade Practices Act (Cwlth) 1974
 Family Law Act (Cwlth) 1975
 Emancipation Act (British) 1833
 Crimes Act (NSW) 1900
 Family Law Act (Cwlth) 1975

Cases from this topic
 Charlotte Wyatt (2004)
 Terry Shaivo (2005)
 Donaghue v. Stevenson (1932, Britain)
 Baron Bernstein v. Airways
 Carlill v. Carbolic Smoke Ball (1983)

Media from this topic

Documents from this topic
 Magna Carta (1215, England)
 English Bill of Rights (1688)
 The Declaration of Independence of the United States of America (1776)
 Constitution of the United States of America (1787)
 United States Bill of Rights
 The Declaration of the Rights of Man (1789)
 UN Declaration of Human Rights (1948)
 UN Conventions:
o Convention on the Prevention and Punishment of the Crime of Genocide (1948)
o International Convention on the Elimination of All Forms of Racial Discrimination (1965)
o Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (1984)
o Convention on the Rights of the Child (CROC, 1989)
 Australian Government (DFAT): Human Rights Manual (Third Edition)

International mechanisms from this topic
 Treaties
 Conventions
 Declarations
 Protocols
 International Criminal Court (ICC, 2002)
 Virginia Declaration of Rights- Declaration of Independence of the USA (1776)
 Declaration of the Rights of Man (National Assembly of France, 1789)
 Universal Declaration of Human Rights (United Nations, 1948)
 Slavery Commission (1926)
 Supplementary Convention on the Abolition of Slavery (1956)
 Industrial Workers of the World ��* International Labour Organisation
 UN Covenant on Civil and Political Rights
 UN Covenant on Economic, Social and Cultural Rights
 
Last edited:

fleck27

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(i got a bit lazy at the end)

Law and Justice Case Law
Carhill v. Carbolic Smoke Ball Company (1893) - (contract law)
- Mrs Carhill saw a newspaper ad stating that the manufacturers of a smoke ball would pay £100 to anybody who bought the smoke ball, used it correctly and still got flu. Mrs Carhill bought a smoke ball, used it correctly and still got flu. Mrs Carhill wanted to claim the £100. The company refused to pay claiming the advert was not an offer. The court held the wording of the advert did amount to an offer and by buying and using the smoke ball Mrs Carhill had accepted that offer.

Dietrich v. The Queen (1992) – (no legal right to legal aid)
- It concerned the nature of the right to a fair trial, and under what circumstances indigent defendants (defendants who cannot afford legal representation) should be provided with legal aid by the state. The case determined that although there is no absolute right to have publicly funded counsel, in most circumstances a judge should grant any request for an adjournment or stay when an accused is unrepresented.

Dimes v. Proprietors of Grand Junction Canal (1852) – (natural justice)
- Judge disqualified if even the slightest hint of financial interest in the outcome

Mabo v. Queensland [No. 2] (1992)- (native title)
- Mabo v Queensland (No 2)was a landmark Australian court case which was decided by the High Court of Australia on June 3, 1992. The effective result of the judgement was to make irrelevant the declaration of terra nullius, or "land belonging to no-one" which had been taken to occur from the commencement British colonisation in 1788, and to recognise a form of native title.

Mary Yarmirr v. Northern Territory (1998) – (native title)
- First Australian claim of native title over sea

Re Pinochet (1999)
- Lord Hoffman was closely associated with one of the parties and he was disqualified from hearing the case whether or not there was any actual bias or appearance of bias.

Human Rights Case law
Dietrich v. The Queen (1992) – (no automatic right to legal aid)
- It concerned the nature of the right to a fair trial, and under what circumstances indigent defendants (defendants who cannot afford legal representation) should be provided with legal aid by the state. The case determined that although there is no absolute right to have publicly funded counsel, in most circumstances a judge should grant any request for an adjournment or stay when an accused is unrepresented.

McInnis v. R (1979)
- Court of Western Australia on three counts: first, of unlawful assault; second, of unlawful restraint; and, third, of rape. He pleaded guilty to the first but not guilty to the other two. In the result, he was convicted by the jury and sentenced to a term of imprisonment. The ground upon which the applicant seeks special leave to appeal from the decision of the Court of Criminal Appeal, which by majority dismissed his appeal to that Court, is that the trial judge erred in refusing his application to adjourn the trial to enable him to obtain the services of counsel and that the refusal so seriously prejudiced him in his trial that it constituted itself a miscarriage of justice

Prosecution v. Nikolic Case (2003)
- some weird rapist and he appealed on the use of hearsay evidence against him

R v. Izumi (1996)
- a torres strait islander woman tried to kill someone twice and said she just wanted to kill him, however the word kill means something different in her language, only to ‘hurt’ or ‘maim’

Toonen v. Australia
- Toonen an Australian citizen and resident of Tasmania, is an activist for the rights of homosexuals. He claimed s122(a) and (c) and s123 of the Tasmanian Criminal Code, which criminalise all sexual contact between consenting male adults in private, breached various Articles of the International Covenant on Civil and Political Rights (ICCPR). He submitted a communication as author and victim against Australia (the State party) to the UN Human Rights Committee, under art 5 of the optional protocol to the ICCPR.
T claimed that the Tasmanian provisions breached the ICCPR because (a) their enforcement violates the right to privacy, as it brings private sexual activity into the public domain; (b) ''they distinguish between individuals in the exercise of their right to privacy' on the basis of sexual activity, orientation or identity; and (c) they discriminate between homosexual men and women.

Yanner v. Eaton (1999)
- something to do with native title
 

meggo-meggo

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yayyy thanks guys (oops, not politically correct)
I mean... thankyou males and females!
 

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