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Define self-determination - HSC - SSCE Legal Studies - Question 16 - 2008 - Paper 1
Question 16
Define self-determination. Outline the 'natural law' doctrine. Outline arguments for and arguments against a Bill of Rights for Australia.
Worked Solution & Example Answer:Define self-determination - HSC - SSCE Legal Studies - Question 16 - 2008 - Paper 1
Step 1
Define self-determination.
Answer
Self-determination refers to the principle that individuals and groups have the right to freely determine their political status and pursue their economic, social, and cultural development. It emphasizes autonomy and independence, allowing people to make decisions about their governance and future without external interference.
Step 2
Outline the 'natural law' doctrine.
Answer
The 'natural law' doctrine posits that certain inherent rights and moral principles exist independently of human laws, derived from nature and reason. It serves as a foundation for legal systems and argues that moral law should inform the creation of laws, placing higher value on justice and fairness in governance.
Step 3
Outline arguments for and arguments against a Bill of Rights for Australia.
Answer
Arguments for a Bill of Rights for Australia include:
- Protection of Individual Rights: Ensures that citizens have their fundamental rights protected from government infringement.
- Promotes Social Justice: A Bill of Rights can provide mechanisms for addressing inequalities and promoting social justice.
Arguments against a Bill of Rights include:
- Potential for Judicial Overreach: There is a concern that judges may interpret rights in ways that could undermine democratic processes.
- Existing Protections: Critics argue that existing laws and parliamentary processes are sufficient to protect rights without the need for a formal Bill of Rights.