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Outline how international human rights are incorporated into Australian domestic law. - HSC - SSCE Legal Studies - Question 21 - 2016 - Paper 1
Question 21
Outline how international human rights are incorporated into Australian domestic law.
Worked Solution & Example Answer:Outline how international human rights are incorporated into Australian domestic law. - HSC - SSCE Legal Studies - Question 21 - 2016 - Paper 1
Step 1
International human rights incorporation
Answer
International human rights are incorporated into Australian domestic law primarily when federal or state parliaments enact legislation that reflects international treaties. For instance, treaties such as the International Covenant on Civil and Political Rights (ICCPR) influence the creation of local laws that safeguard various rights. These laws ensure that the principles outlined in international treaties are recognized and enforced within Australia.
Step 2
Judicial application of international law
Answer
Judges in Australian courts, particularly the High Court, have the authority to utilize international law principles when making judicial decisions. This practice allows for the interpretation of domestic laws in alignment with international human rights standards, providing a framework for the protection of these rights within the Australian legal system.