Which of the following best protects the human rights of citizens of New South Wales? (A) The Bill of Rights (B) The common law (C) The International Court of Justice (D) The NSW Constitution - HSC - SSCE Legal Studies - Question 14 - 2001 - Paper 1

To determine which option best protects human rights in New South Wales, we must evaluate each choice based on its role and effectiveness in safeguarding citizens' rights.

• The Bill of Rights: This option refers to a formal declaration of the rights of citizens. However, Australia does not have a national Bill of Rights, though some states have legislative protections.

• The common law: This is a body of unwritten laws based on legal precedents established by the courts. Common law can provide protections but is not solely dedicated to human rights.

• The International Court of Justice: This court primarily addresses disputes between states and does not enforce human rights on a national level. Its decisions have little direct impact on individual rights in NSW.

• The NSW Constitution: This serves as the foundational legal document for New South Wales, incorporating various protections for citizens, including human rights provisions. It directly influences the legal framework within which human rights are interpreted and enforced.

After careful consideration, the best option is (B) The common law, as it has continuously evolved to protect citizens' rights through judicial interpretation.