Photo AI
'In Australia, human rights are only enforceable by law if they are embodied in statute law.' With reference to the above statement, which of the following is correct? (A) The statement is false as human rights are also enforceable by judge-made law - HSC - SSCE Legal Studies - Question 14 - 2003 - Paper 1
Question 14
'In Australia, human rights are only enforceable by law if they are embodied in statute law.' With reference to the above statement, which of the following is corre... show full transcript
Worked Solution & Example Answer:'In Australia, human rights are only enforceable by law if they are embodied in statute law.' With reference to the above statement, which of the following is correct? (A) The statement is false as human rights are also enforceable by judge-made law - HSC - SSCE Legal Studies - Question 14 - 2003 - Paper 1
Step 1
The statement is false as human rights are also enforceable by judge-made law.
Answer
Human rights in Australia are not limited to statutory law alone. They can also be enforced through judge-made law, which is derived from judicial decisions and precedents. Therefore, this choice correctly refutes the claim that human rights are only enforceable through legislation.
Step 2
The statement is false as human rights are only enforceable if found in international treaties.
Answer
This choice is misleading. While international treaties can influence human rights norms, they do not solely dictate enforceability within Australia. Thus, this statement does not accurately reflect the legal landscape regarding human rights.
Step 3
The statement is true in relation to civil and political rights.
Answer
This option is incorrect. Civil and political rights can be enforced through both statute and judge-made law, so saying that the statement is 'true' with respect to these rights misrepresents the broader context of human rights enforcement.
Step 4