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The High Court of Australia rules against a Federal Minister’s decision to deport a child - HSC - SSCE Legal Studies - Question 20 - 2022 - Paper 1

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The High Court of Australia rules against a Federal Minister’s decision to deport a child. The court decides that this would be against Australia’s obligations under... show full transcript

Worked Solution & Example Answer:The High Court of Australia rules against a Federal Minister’s decision to deport a child - HSC - SSCE Legal Studies - Question 20 - 2022 - Paper 1

Step 1

Which legal concept is demonstrated in this scenario?

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Answer

In this scenario, the legal concept demonstrated is:

D. Separation of powers

The case illustrates the principle of separation of powers, which divides government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another. Here, the High Court exercises judicial power by ruling on a decision made by the executive branch (the Minister), thereby checking the powers of that branch and affirming the rule of law.

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