Development of Rights: Legal rights have been developed from several areas: 1. Natural law – Basically from God 2. Positivists – Basically argued that its made by parliament and authorities. 3. International Law – UN Type of rights: Civil and Political Rights – This is to protect people from the actions of oppressive governments which restrict certain actions. Therefore this allows: – Right to life- Right to freedom of expression – Right to equality before the law.
Economic Rights – These rights make sure that individuals are not excluded from participating in the economy – contributing towards the production process – – The right to education – Right to receive equal and fair pay for labour provided – Right to freely choose work-Right to health care Social Rights – Social rights include those that provide people with a minimum stand of living and welfare and therefore enable them to have a reasonable standard of living. – The right to an adequate standard of living – Right to receive social security benefits.
– Right to any form of assistance Cultural Rights – The Charter of Human Rights and Responsibilities Act 2006 defines cultural rights in the following context. “All persons with a particular cultural, religious, racial or linguistic background must not be denied the right, in community with other persons of that background, to enjoy his or her culture, to declare and practise his or her religion and to use his or her language. ” In this sense, cultural rights are also espoused in the Constitution, with s116 allowing freedom of religion.
Environment Rights – Intergenerational equity. – So basically the key goal of environmental law is to protect and preserve the environment for future generations. Consumer Rights – Consumer laws are designed to give rights to consumers against sellers and importers when the goods are not suitable or defective and to prevent misleading conduct of information. The main legislation are: – Trade Practices Act 1974 – Fair Trading Act 1987 Responsibilities Responsibilities are legal or moral obligations to others whether it may be an individual, a group or to the state.
Responsibility of Citizens Within society Social, Moral and Cultural Responsibility – These responsibilities are not enforceable by the law. Often, political or religious leaders promote social responsibility, which are seen as both acceptable and important. – Responsibility to look after aged parents – Responsibility to recycle waste which can be recycled – Support poor citizens through donations. Legal Responsibilities – these are imposed by either common law or statute law and may enforce moral, social and cultural responsibilities.
Common law responsibilities include: – Duty of care Responsibility to meet contract conditions Responsibility to refrain from violence against a person or another’s property Statutory responsibilities – These are established under statute law. For example: Responsibility to pay tax Responsibility to pay superannuation to employees Responsibility parents to care for their children. Resolving Disputes Role of Federal and State Police and other Agencies State Police – The state police main role is to prevent crime, investigate crime and arrest and prosecute offenders.
State police only has jurisdiction within their state, they must seek assistance of other police services for crimes that extend across state borders. Federal Police – The federal police collaborates with overseas and domestic policing organisations to fight trans-border-crimes that is crimes that extend over Australian boarders. The main areas of their operations include – Counter terrorism, major fraud, drug trafficking and people smuggling. Australian Customs and Border Protection Service – Australian customs have the responsibility for ensuring that those people entering Australia does so lawfully and legally.
They have a priority to protect Australia against drugs, illegal firearms and other dangerous goods. Australian Quarantine and Inspection Service – the AQIS is to protect Australia borders from the importation of biological hazardous material such as plants and animals that may be harmful to the environment. Australian Security Intelligence Organisation – The ASIO main role is to warn the government about any security threats from politically motivated violence and from persons who promote violence in different communities within Aus. Disputes Between Individuals Negotiation.
Negotiation refers to the simple process of speaking to the person with whom you have a problem and attempting to resolve it. This method is the most informal way to between individuals and aims to minimise conflict while at the same time being the least expensive process. Mediation and Conciliation Mediation involves two parties attempting to resolve a dispute between themselves with a third party. The third party is the mediator and will resolve the conflict between the two parties. The mediator helps the parties to identify issues and assist them to arrive at a settlement that they both find satisfactory.
However, the decisions suggested are not binding on the two parties therefore both parties will have to work in ‘good faith. ’ In order for mediation to be successful. Arbitration Arbitration is a more formal process than mediation. This process is not as formal as a court therefore it will be cheaper. The arbitrator will hear evidence and arguments produced by both sides and will impose a decision. The arbitrator is neutral and knowledgeable in that area, under an agreement, both parties will pay a fee to involve a arbitrator. Courts
Like how a normal court will handle cases; formally, stressfully and expensively. Resolving Disputes With the State Non-Legal methods: The Media – The media can help solve disputes by adding pressure to the government, courts or other enforcing agency. Any form of media can be presented in: Radio, newspaper and television. Members of Parliament – These people can be useful when resolving issues by addressing the issue in meetings they attend which will lead to more attention towards the concerning issue. Trade Unions – The trade unions work to protect and enforce the right of employees in a specific industry.
Interest groups/NGO’s – The Ngo’s are non-government organisations which are funded by individuals or through owners equity. Legal Methods: Disputes resolution aims to resolve claims arising from individuals about the action of government departments and agencies Internal Review: Internal review occurs when the department reviews its decision by itself. This occurs in the following ways: 1. A person applies to its original administrators who must set out the reasons for the decision that was made. These reasons must be based in the law 2.
The decision should be reviewed ‘afresh’ by someone not connected to the original decision but bound by the same guidelines. 3. Should the claimant still wish to take this further, they can apply to the administrative decisions tribunal who can review NSW government department and state owned corporations decisions. External Review: Judicial review – This is taken before a court and will be guided by an administrative officer . Judicial review exams the way in which a decision maker reached their decision to determine whether: – Procedural fairness?
– Within their power? -Reasonable? Ombudsman – The role of an ombudsman is to help ensure that the government departments are aware of their responsibilities to the public and are acting reasonably by complying with the law when carrying out duties. Australian Human Rights Commission – The AHRC is responsible for administering the federal human rights laws including: Racial discrimination act 1975 Sex discrimination act 1984 etc. These acts allow them to identify any problems or violations against these acts in order to find a solution and resolve the issue.
NSW Independent Commission Against Corruption – They aim to protect the public interest, prevent breaches of public trust and guide the conducts of public officials. Their role is to investigate and prevent corruption by public authorities and public servants, and to educate public officials of corruption. Royal Commission – These are set up to deal with serious corruption issues, which allow the commonwealth to establish enquires into any matter of public importance. Contemporary Issue – Technology.