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Can the High Court of Australia establish enforceable human rights? A - HSC - SSCE Legal Studies - Question 20 - 2019 - Paper 1
Question 20
Can the High Court of Australia establish enforceable human rights? A. Yes. Constitutional interpretation permits this. B. Yes. The Constitution expressly authorise... show full transcript
Worked Solution & Example Answer:Can the High Court of Australia establish enforceable human rights? A - HSC - SSCE Legal Studies - Question 20 - 2019 - Paper 1
Step 1
A. Yes. Constitutional interpretation permits this.
Answer
The High Court of Australia can interpret the Constitution in a way that acknowledges and enforces human rights. Through judicial interpretation, the Court has recognized certain implied rights, thereby establishing a basis for enforceability.
Step 2
B. Yes. The Constitution expressly authorises this.
Answer
While the Constitution does not explicitly state the establishment of enforceable human rights, the High Court has inferred certain rights through interpretation of the document and has held that it can protect these rights under its powers.
Step 3
C. No. The division of powers does not allow this.
Answer
The division of powers under the Australian Constitution means that states and the federal government hold different authorities. However, the High Court has the authority to interpret laws and the Constitution. Therefore, this statement is misleading regarding the Court's capabilities.
Step 4
D. No. The separation of powers does not permit this.
Answer
The separation of powers implies that the judiciary cannot create laws, including human rights laws; however, the High Court can interpret existing laws and the Constitution to safeguard rights implied within them, making this statement inaccurate.