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'In Australia, human rights are only enforceable by law if they are embodied in statute law.' With reference to the above statement, which of the following is correct? (A) The statement is false as human rights are also enforceable by judge-made law - HSC - SSCE Legal Studies - Question 14 - 2003 - Paper 1
Question 14
'In Australia, human rights are only enforceable by law if they are embodied in statute law.' With reference to the above statement, which of the following is corre... show full transcript
Worked Solution & Example Answer:'In Australia, human rights are only enforceable by law if they are embodied in statute law.' With reference to the above statement, which of the following is correct? (A) The statement is false as human rights are also enforceable by judge-made law - HSC - SSCE Legal Studies - Question 14 - 2003 - Paper 1
Step 1
The statement is false as human rights are also enforceable by judge-made law.
Answer
This option is correct because in Australia, human rights can indeed be recognized and enforced through common law (judge-made law), alongside those that are legislated in statute. Therefore, the original statement, which suggests that human rights are only enforceable through statute law, is inaccurate.
Step 2
The statement is false as human rights are only enforceable if found in international treaties.
Answer
This option is incorrect. While international treaties can provide a framework for human rights protections, they do not serve as the sole means of enforceability within the domestic legal system of Australia. Human rights can be both statutory and common law rights.
Step 3
The statement is true in relation to civil and political rights.
Answer
This option is misleading. While civil and political rights may often be outlined in statutes, they can also be recognized and enforced through case law. Hence, saying the statement holds true only for civil and political rights is incorrect.
Step 4
The statement is true in relation to economic and social rights.
Answer
This is not accurate. Economic and social rights are often not explicitly mentioned in Australian statute law and rely more on international obligations. Therefore, the statement cannot be deemed true specifically regarding these rights.