#implied rights

[archdemonsblood]

Also, we absolutely need to talk about how overturning Obergefell v Hodges leaves the door wide open to overturn Loving v Virginia. No one is talking about that right now because it’s not a popular right-wing platform right now, but we’re seeing just how quickly things can change.

This is a very, very scary situation.

[legstuds-blog]

6b) Describe two other means by which the commonwealth parliament protects rights in Australia (4 marks)

One other mean by which the commonwealth parliament protects rights is express rights. These are rights that are specifically listed in the constitution and thus entrenched, and can only be altered though a referendum. An example of this is the freedom to religion as set out in S116, meaning that parliament cannot enact legislation that prevents or prohibits and individual from the free exercise of any religion.

Another form of protection is manifested in implied rights. These are rights that are not written in the constitution but implied by the structure and text of the constitution based on interpretations by the High Court. An example of an implied right is the right to free political communication, protecting the rights of individuals to express their opinions on parliamentary affairs.

2011 vcaa exam