Legal Studies

[XD12345]

Hi Forum,

I was just wondering, how does the foreign affairs power within s51 of the Australian Constitution protect express and implied rights?

I have been finding indirect answers to this question in the textbook and currently only have fragments of ideas so I am really hoping to get a clear answer before my Legal Studies exam.

Thank you!

[JerryMouse2019]

Hi Forum,

I was just wondering, how does the foreign affairs power within s51 of the Australian Constitution protect express and implied rights?

I have been finding indirect answers to this question in the textbook and currently only have fragments of ideas so I am really hoping to get a clear answer before my Legal Studies exam.

Thank you!

Check this out:

https://www.aph.gov.au/parliamentary_business/committees/senate/legal_and_constitutional_affairs/completed_inquiries/pre1996/treaty/report/c05

Hope it helps

[XD12345]

Thank you for your response,

I’ve looked through the website and everything but I just struggle to connect the external affairs power to protecting, let’s say, the right to free speech.

[piperfred]

Hi Forum,

I was just wondering, how does the foreign affairs power within s51 of the Australian Constitution protect express and implied rights?

I have been finding indirect answers to this question in the textbook and currently only have fragments of ideas so I am really hoping to get a clear answer before my Legal Studies exam.

Thank you!

Hiya!

The foreign affairs power in s51(xxix) gives the Federal government the power to enter into and ratify treaties. This allows the government to legislate protections for human rights, like the rights of Indigenous peoples for example, as s51(xxix) gave the government power to ratify the Declaration on the Rights of Indigenous Peoples 2007.

Hope this helps!
Piper