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Distinguish between domestic law and international law - HSC - SSCE Legal Studies - Question 16 - 2001 - Paper 1
Question 16
Distinguish between domestic law and international law. Using ONE specific example of an international human rights issue, outline how domestic law has responded to... show full transcript
Worked Solution & Example Answer:Distinguish between domestic law and international law - HSC - SSCE Legal Studies - Question 16 - 2001 - Paper 1
Step 1
Distinguish between domestic law and international law.
Answer
Domestic law refers to the body of laws that govern activities within a specific nation or state. It is enforceable within that geographical boundary and involves institutions like courts and law enforcement. In contrast, international law governs relations between sovereign nations and is often based on treaties or conventions. One key feature of international law is its reliance on voluntary compliance, leading to challenges in enforceability.
Step 2
Using ONE specific example of an international human rights issue, outline how domestic law has responded to this issue.
Answer
A specific example of an international human rights issue is human trafficking. In response to this, many countries have enacted domestic laws to protect victims and penalize offenders. For instance, the United States has implemented the Trafficking Victims Protection Act (TVPA), which aims to combat trafficking both domestically and internationally, providing resources for victim assistance and enabling law enforcement to prosecute traffickers.
Step 3
Define a Bill of Rights and explain ONE benefit and ONE limitation of a Bill of Rights in protecting human rights.
Answer
A Bill of Rights is a formal declaration of the fundamental rights and freedoms to which individuals are entitled. One benefit of a Bill of Rights is that it provides a clear framework for the protection of individual rights, allowing citizens to challenge violations in court. However, a limitation is that a Bill of Rights can be interpreted differently by courts, leading to inconsistencies in its application and potentially allowing for the infringement of rights depending on the judicial perspective.