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Understanding Rights and the Rule of Law

This document provides an overview of key human rights and how they relate to the rule of law. It lists examples of individual rights like the right to a fair trial and freedom of speech. It also discusses collective rights and the rights of the state. The rule of law aims to balance these areas to provide fairness and equality for all while avoiding abuse of power outside the law. Parliaments are expected to act in the public interest under this framework.

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468 views1 page

Understanding Rights and the Rule of Law

This document provides an overview of key human rights and how they relate to the rule of law. It lists examples of individual rights like the right to a fair trial and freedom of speech. It also discusses collective rights and the rights of the state. The rule of law aims to balance these areas to provide fairness and equality for all while avoiding abuse of power outside the law. Parliaments are expected to act in the public interest under this framework.

Uploaded by

api-376666984
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Rule of Law, Right to Life

The protection of rights in Australia relies on the parliament and


courts. The diagram shows some examples of individual and
International Right to a fair trial Freedom of Speech
collective rights, and the ‘rights of the state’ which are the
powers of government. Parliament is said to rule with the

Law
Right to Safety and Security consent of the people, therefore it is implied that they
Right to Legal Freedom of the Press Privacy act in the public interest. The rule of law is a principle
which guides the legal system to avoid use of power
&
Representation

Individual Rights which is outside of the law, and ensures


governments are accountable.

Int
Human Suffrage

Rig

ern
Habeas corpus

ht

ati
to
Rights

on
Two International Agreements on Human
Individual rights

As
The individual

al
Rights You Should Know:
strictly defi ned

ylu

La
rights of the

w
to ensure

m?
majority are Universal Declaration of Human Rights
privileged, smaller equality and are
groups in society The restricted OR
(1948)

Individual rights
Foreign Policy
may be
disadvantaged.
Rule of Law are too br oad
Preamble: ‘Whereas it is essential, if man is not to
be compelled to have recourse, as a last resort, to
When a society is under the and become rebellion against tyranny and oppression, that
rule of law the checks and impractical Social welfare human rights should be protected by the rule of
Sign and ratify treaties
balances exists to balance law.’

Rights Collective
these areas to provide
fairness and equality for all. International Covenant on Civil and Political
Rights (1966)

of the State The rights of the state


Rights Article 14 (2) - the presumption of innocence.
Article 15 - right to a fair and speedy trial.
Create law promote fairness and Article 17 - freedom from unlawful or arbitrary
interference with privacy, family, home or
equality for the majority.
correspondence.
Taxation Appoint officials At its most extreme this Self determination Article 19 - freedom of opinion, expression, and
may limit the rights of
the responsibility to respect the rights and
minorities.
Police Powers Right to manage reputations of others
Public Education
wealth and
natural resources RULE OF LAW
in the public
interest
Affirmative Action INSTITUTE OF AUSTRALIA
www.ruleoflaw.org.au

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