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International human rights are best protected in NSW by (A) common law - HSC - SSCE Legal Studies - Question 16 - 2015 - Paper 1

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Question 16

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International human rights are best protected in NSW by (A) common law. (B) international law. (C) the NSW Constitution. (D) the Australian Constitution.

Worked Solution & Example Answer:International human rights are best protected in NSW by (A) common law - HSC - SSCE Legal Studies - Question 16 - 2015 - Paper 1

Step 1

Identify the best option for protecting international human rights in NSW

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Answer

The best option for protecting international human rights in New South Wales (NSW) is (A) common law.

Common law provides a framework through which individual rights and freedoms can be interpreted and enforced. In Australia, common law has historically been the primary method of protecting rights, as it evolves through the decisions of judges in courts.

International law, while important, does not have the same direct applicability in domestic law unless incorporated by legislation. The NSW Constitution and the Australian Constitution provide some protections, but they do not specifically focus on international human rights in the same way that common law can.

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