Express rights are defined as

Get ready for your VCE Legal Studies Exam. Study using flashcards and multiple-choice questions, with hints and explanations included for each question. Prepare thoroughly for success!

Multiple Choice

Express rights are defined as

Explanation:
Express rights are rights written into the Constitution itself, explicitly protected against Commonwealth action. They’re the five rights commonly taught: freedom of religion, the right to trial by jury for indictable offences, freedom of interstate trade and commerce, freedom from discrimination on the basis of the state of residence, and the requirement to provide just terms when the Commonwealth acquires property. Because these rights are enumerated in the document, courts can enforce them and strike down laws or actions that breach them. They aren’t limited to criminal law, they aren’t only about states, and they are not unenforceable.

Express rights are rights written into the Constitution itself, explicitly protected against Commonwealth action. They’re the five rights commonly taught: freedom of religion, the right to trial by jury for indictable offences, freedom of interstate trade and commerce, freedom from discrimination on the basis of the state of residence, and the requirement to provide just terms when the Commonwealth acquires property. Because these rights are enumerated in the document, courts can enforce them and strike down laws or actions that breach them. They aren’t limited to criminal law, they aren’t only about states, and they are not unenforceable.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy