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How could the right to protest best be protected in Australia? (A) By passing a statute (B) By a decision of a High Court judge (C) By amending the Australian Constitution (D) By a resolution of the Australian Parliament - HSC - SSCE Legal Studies - Question 11 - 2007 - Paper 1

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Question 11

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How could the right to protest best be protected in Australia? (A) By passing a statute (B) By a decision of a High Court judge (C) By amending the Australian Const... show full transcript

Worked Solution & Example Answer:How could the right to protest best be protected in Australia? (A) By passing a statute (B) By a decision of a High Court judge (C) By amending the Australian Constitution (D) By a resolution of the Australian Parliament - HSC - SSCE Legal Studies - Question 11 - 2007 - Paper 1

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C) By amending the Australian Constitution

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To best protect the right to protest in Australia, amending the Australian Constitution is the most effective approach. Constitutional protection provides a robust legal foundation that can prevent parliamentary or governmental intrusion on this fundamental right.

While passing a statute (option A) can establish legal guidelines, it can be repealed or modified by future legislatures. A decision from a High Court judge (option B) may provide temporary legal protection, but it relies on existing statutes and is therefore not a proactive measure. A resolution of the Australian Parliament (option D) similarly falls short as it lacks the permanence and strength of constitutional law.

Overall, amending the Constitution would ensure enduring protection for the right to protest, aligning with democratic principles and civil liberties.

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