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Explain how the separation of powers can protect human rights in Australia - HSC - SSCE Legal Studies - Question 23 - 2018 - Paper 1
Question 23
Explain how the separation of powers can protect human rights in Australia. Use an appropriate example to support your answer.
Worked Solution & Example Answer:Explain how the separation of powers can protect human rights in Australia - HSC - SSCE Legal Studies - Question 23 - 2018 - Paper 1
Step 1
Explain how the separation of powers can protect human rights in Australia
Answer
The separation of powers is a fundamental principle embedded in Australia's Constitution that divides governance into three branches: the executive, the legislature, and the judiciary. Each branch has distinct responsibilities and powers, which creates a system of checks and balances to prevent any one branch from becoming too powerful.
This separation is crucial for the protection of human rights as it ensures that laws and government actions are subject to scrutiny. For example, if the executive branch enacts a law that potentially infringes on individual rights, the judiciary can assess its legality. This judicial review acts as a safeguard against arbitrary decisions that could violate human rights.
A relevant example is the Australian Security Intelligence Organisation Act 1979 (ASIO), which gives the executive certain powers to ensure national security. However, any abuses of power can be challenged in the courts, ensuring that individuals’ rights are not overlooked in the name of security.
Step 2
Integrate a relevant Australian example
Answer
One significant case that exemplifies this principle is Dietrich v The Queen (1992). In this case, the High Court of Australia ruled that the right to a fair trial is an implied constitutional right. The decision highlighted the judiciary's role in upholding human rights, as it reinforced the notion that no individual should be deprived of their legal entitlements without appropriate legal representation. This case emphasizes the judiciary's critical function in protecting against potential misuse of power by the executive or legislature.