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Question 16 (10 marks) (a) Identify TWO ways that human rights are protected by Australian domestic law - HSC - SSCE Legal Studies - Question 16 - 2007 - Paper 1
Question 16
Question 16 (10 marks) (a) Identify TWO ways that human rights are protected by Australian domestic law. (b) How is an international treaty incorporated into Aus... show full transcript
Worked Solution & Example Answer:Question 16 (10 marks) (a) Identify TWO ways that human rights are protected by Australian domestic law - HSC - SSCE Legal Studies - Question 16 - 2007 - Paper 1
Step 1
Identify TWO ways that human rights are protected by Australian domestic law.
Answer
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Legislation: Specific laws, such as the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984, provide protections for individuals by prohibiting discrimination and protecting individuals' rights.
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Common Law: Judicial decisions create precedents that provide rights protections. Courts can rule on cases and interpret laws in ways that protect human rights, such as privacy rights and freedom of speech.
Step 2
How is an international treaty incorporated into Australian domestic law?
Answer
An international treaty is incorporated into Australian domestic law through the passing of legislation by the Parliament. Once the government ratifies a treaty, enabling legislation must be enacted to give it effect within the legal system. The treaty then becomes part of Australian law if the legislation is passed.
Step 3
Explain the differences between statute law and common law and how each responds to changes in society.
Answer
Statute Law: This is law created by Parliament through legislation. It is written and codified, so it can be amended or repealed to respond to the changing needs of society, making it more adaptable.
Common Law: This is law developed through court decisions and judicial precedents. It evolves slowly as courts interpret existing laws over time. Although it can adapt to change, it may be less responsive than statute law since it relies on cases being brought to the courts.