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Individual And The Law Essay

1299 words - 6 pages

Individual and the Law.

A right is a claim made by individuals or groups that enables them to be treated in a certain way by other individuals or institutions. Rights are established, protected, restricted and potentially removed by acts of government, and this is thought to be a weakness of the Australian Constitution.

In Australia, human rights are protected in different ways. Unlike other liberal democracies such as the United States, Australia has no Bill of Rights to protect them in a single document.

Rights may be found in the Constitution of Australia which sets the formal guidelines for Australian Government and law. Rights are also protected by statute and common law. Many ...view middle of the document...

The Universal Declaration of Human Rights is a declaration adopted by the General Assembly of the United Nations in 1948. It urges the nations of the world to promote human, civil, economic and social rights and it states all the rights to which humans are entitled.

Conflicts between the rights of individuals and their responsibilities to the state are resolved through different methods, informal and formal. State interference with personal liberties can only work depending whether there is jurisdiction there or not. Courts began to interpret the Constitution in such a way as to find rights for individuals that were implied rights rather than expressly (explicitly) stated.
The United Nations helps promote the rights and culture of indigenous people in Australia by declaring a particular decade devoted to ‘World Indigenous Rights’ between 1995 and 2004, this then helped the UN draft a charter of indigenous human rights.
After years of challenges experienced by indigenous people because of the differences between their laws and traditions and the English law, through self determination indigenous communities have gained more rights and responsibilities like the practice of tribal law being used rather than the use or enforcement of English common law (this does not apply to all areas though). Self Determination means the right to determine one’s own acts without external influence, indigenous people are entitled this through political autonomy.
There are many law enforcement agencies in Australia, the federal and state police being the most important. Their role is to prevent crime through education in schools and centers like the PCYC, investigate crime, arrest and prosecute offenders. But the New South Wales police only have jurisdiction within the NSW boundaries as well as certain powers like the right to RBT’s, warrants to search premises and the right to question anyone. The NSW police also enforces the Crimes Act 1990 (NSW) and the Road Transport Act 1999 (NSW).
The Federal Polices role on the other hand is to enforce Commonwealth of Australia criminal law and to protect Commonwealth and national interests, from crime in Australia and overseas. The Australian Federal Police is Australia's international law enforcement and policing representative, and the Government's chief source of advice on policing issues.
Other law enforcement agencies in Australia are The Australian Security Intelligence Organisation (ASIO) which is responsible for the national security of Australia and the protection of the country and its citizens from acts of violence and terrorism. Australian customs, Quarantine and inspection services are rresponsible for the quarantine and clearance of incoming passengers and their baggage and The Australian Customs Service provides effective border management preventing illegal movement of people and goods across the border. Customs works with other Australian and international...

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