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Describe how the common law in Australia promotes and enforces human rights - HSC - SSCE Legal Studies - Question 22 - 2070 - Paper 1
Question 22
Describe how the common law in Australia promotes and enforces human rights. Use an appropriate example to support your answer.
Worked Solution & Example Answer:Describe how the common law in Australia promotes and enforces human rights - HSC - SSCE Legal Studies - Question 22 - 2070 - Paper 1
Step 1
Describe how the common law in Australia promotes and enforces human rights
Answer
The common law in Australia plays a significant role in promoting and enforcing human rights by adhering to established legal principles and decisions made by judges in previous cases. It does so by applying the doctrine of precedent, where past judgments inform future cases, ensuring consistency and fairness in the application of the law. This preservation of individual rights is critical in upholding the rule of law and ensuring that all citizens are treated equally under the law.
Step 2
Use a relevant example to support your answer
Answer
A notable example illustrating how common law promotes human rights is the Toonen v Australia case, decided by the United Nations Human Rights Committee. This case involved a challenge to the criminalization of consensual same-sex relationships under Tasmanian law. The Committee found that such laws violated the right to privacy as contained in the International Covenant on Civil and Political Rights. The judgment not only influenced Australian law and led to decriminalization but also showcased the capacity of common law to recognize and enforce human rights standards established in international treaties.