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Identify TWO ways that human rights are protected by Australian domestic law - HSC - SSCE Legal Studies - Question 16 - 2007 - Paper 1
Question 16
Identify TWO ways that human rights are protected by Australian domestic law. How is an international treaty incorporated into Australian domestic law? Explain the... show full transcript
Worked Solution & Example Answer: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: Human rights in Australia are protected through various pieces of legislation, such as the Human Rights and Equal Opportunity Commission Act 1986 and the Racial Discrimination Act 1975. These laws provide frameworks for promoting and protecting human rights within the country.
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Common Law: The common law system in Australia also plays a crucial role, as courts can interpret statutes and develop legal principles that enhance the protection of human rights. Decisions made by higher courts can set precedents that influence the protection of individual rights.
Step 2
How is an international treaty incorporated into Australian domestic law?
Answer
International treaties are incorporated into Australian domestic law through the Australia Act 1986. When the government seeks to ratify a treaty, it must ensure that the necessary domestic legislation is enacted to give effect to the treaty obligations. This process often involves Parliament passing laws that align with the treaty requirements.
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 made by legislation passed by Parliament. It is written and formally codified, allowing for clear and unambiguous rules. Statute law can quickly adapt to societal changes through the legislative process, where new laws can be enacted to address emerging issues.
Common Law: Established through court judgments and precedents, common law can take longer to evolve. It is more flexible in interpreting existing laws, allowing judges to adapt legal principles to new circumstances as they arise in society. However, changes in common law may require a significant court decision, which can be a slower process compared to statute law.
In summary, while statute law can be amended swiftly through legislation, common law evolves through judicial interpretations that reflect societal changes, often leading to gradual shifts in legal understanding.