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Compare the doctrine of natural justice with the ‘natural law’ doctrine - HSC - SSCE Legal Studies - Question 16 - 2009 - Paper 1
Question 16
Compare the doctrine of natural justice with the ‘natural law’ doctrine. Explain how domestic AND/OR international legal measures have been used in response to ONE ... show full transcript
Worked Solution & Example Answer:Compare the doctrine of natural justice with the ‘natural law’ doctrine - HSC - SSCE Legal Studies - Question 16 - 2009 - Paper 1
Step 1
Compare the doctrine of natural justice with the ‘natural law’ doctrine.
Answer
The doctrine of natural justice is a principle that ensures fairness in legal proceedings, emphasizing the right to a fair hearing and the rule against bias. It is concerned primarily with the procedures that are followed in administering justice. In contrast, the 'natural law' doctrine rests on the belief that there are inherent rights and moral principles derived from nature that underpin laws and legal systems. While natural justice focuses on the fairness of the process, natural law is concerned with the content of the law itself, asserting that laws should align with moral rights.
Both doctrines share the underlying premise that justice is inherently linked to morality; however, they approach justice from different angles—one from procedural fairness and the other from moral principles.
Step 2
Explain how domestic AND/OR international legal measures have been used in response to ONE contemporary human rights struggle.
Answer
One notable contemporary human rights struggle is the fight against human trafficking. Numerous international legal frameworks such as the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (2000) establish obligations for countries to criminalize trafficking and protect victims.
Domestic measures include the establishment of anti-trafficking laws, victim support services, and law enforcement training programs. For example, the U.S. Trafficking Victims Protection Act (TVPA) provides tools for federal authorities to prosecute traffickers while providing crucial services to survivors. Together, these legal measures at both domestic and international levels aim to combat trafficking effectively, demonstrating a multi-faceted approach to a pressing human rights issue.