How is the right to legal representation best described?
(A) It is a right limited under common law - HSC - SSCE Legal Studies - Question 12 - 2014 - Paper 1
Question 12
How is the right to legal representation best described?
(A) It is a right limited under common law.
(B) It is a right protected under the Australian Constitution.... show full transcript
Worked Solution & Example Answer:How is the right to legal representation best described?
(A) It is a right limited under common law - HSC - SSCE Legal Studies - Question 12 - 2014 - Paper 1
Step 1
A) It is a right limited under common law.
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Answer
This statement is partially accurate but misleading. The right to legal representation is not merely limited by common law, as it encompasses broader legislative protections.
Step 2
B) It is a right protected under the Australian Constitution.
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This option is incorrect. While the Australian Constitution does provide some rights, the right to legal representation is largely developed through statute and common law principles rather than being explicitly stated in the Constitution.
Step 3
C) It is a right to free legal aid provided in most criminal cases.
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This statement is partially true, as there are provisions for free legal aid in criminal cases; however, the right to legal representation itself is broader and not limited solely to the provision of free legal aid.
Step 4
D) It is a right protected under the Universal Declaration of Human Rights.
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This statement is accurate. The Universal Declaration of Human Rights advocates for the right to a fair trial and legal representation, making this the best description of the right to legal representation.
