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Compare the contributions of common law and statute law in enforcing human rights. - HSC - SSCE Legal Studies - Question 23 - 2015 - Paper 1
Question 23
Compare the contributions of common law and statute law in enforcing human rights.
Worked Solution & Example Answer:Compare the contributions of common law and statute law in enforcing human rights. - HSC - SSCE Legal Studies - Question 23 - 2015 - Paper 1
Step 1
Common Law and Human Rights
Answer
A number of important rights have been developed by common law, exemplified by the case Dietrich v The Queen (1992). This ruling emphasized the significance of a fair trial and the provision of legal aid to defendants in serious criminal cases. Through judicial decisions and precedents, common law has entrenched fundamental rights, advocating for principles of justice and fairness.
Step 2
Statute Law and Human Rights
Answer
In contrast, statute law has played a pivotal role in directly enforcing human rights through legislative measures. Notable examples include the Anti-Discrimination Act 1977 (NSW) and the Sex Discrimination Act 1984 (Cth), which provide explicit protections against discrimination and set standards for equality in various spheres. These laws illustrate how statute law establishes clear guidelines and mechanisms for safeguarding human rights.
Step 3
Comparison of Common and Statute Law
Answer
While both common law and statute law work interdependently to protect and enforce human rights, their approaches differ. Common law evolves gradually through judicial interpretation and case precedents, while statute law is enacted through parliamentary processes. Furthermore, common law acts as a flexible source that can adapt to societal changes, whereas statute law provides a more definitive and structured legal framework.