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Question 16 (10 marks) (a) Identify TWO ways that human rights are protected by Australian domestic law - HSC - SSCE Legal Studies - Question 16 - 2007 - Paper 1
Question 16
Question 16 (10 marks) (a) Identify TWO ways that human rights are protected by Australian domestic law. (b) How is an international treaty incorporated into Austr... show full transcript
Worked Solution & Example Answer:Question 16 (10 marks) (a) 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: Various laws exist in Australia that explicitly protect human rights. For example, the Australian Human Rights Commission Act 1986 establishes the commission and outlines its functions in promoting and protecting human rights.
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Common Law: Judicial decisions and doctrines developed through common law also serve to protect human rights. Courts interpret legislation in a manner that respects and upholds individual rights.
Step 2
How is an international treaty incorporated into Australian domestic law?
Answer
International treaties are incorporated into Australian domestic law primarily through the Foreign Affairs Power under Section 51(xxix) of the Constitution. This requires ratification by the government, after which the treaty can be enacted through domestic legislation, ensuring it has legal standing in Australia.
Step 3
Explain the differences between statute law and common law and how each responds to changes in society.
Answer
Statute law is legislation enacted by Parliament and is often comprehensive, addressing specific issues within society. It is regularly updated and can respond quickly to changes since it is subject to the political process.
Common law, on the other hand, is developed through court decisions and precedents. It evolves more slowly, relying on past judgments and the interpretation of legislation. Changes in societal values can influence common law, yet it takes longer to adapt compared to statues. As a result, while both are vital in the legal system, they respond to societal changes at different paces and through different mechanisms.