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Which of the following is an essential element of the natural law doctrine? (A) State sovereignty (B) Procedural fairness (C) Customary law cannot be overruled (D) The state does not have unlimited power - HSC - SSCE Legal Studies - Question 12 - 2007 - Paper 1

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Which-of-the-following-is-an-essential-element-of-the-natural-law-doctrine?--(A)-State-sovereignty-(B)-Procedural-fairness-(C)-Customary-law-cannot-be-overruled-(D)-The-state-does-not-have-unlimited-power-HSC-SSCE Legal Studies-Question 12-2007-Paper 1.png

Which of the following is an essential element of the natural law doctrine? (A) State sovereignty (B) Procedural fairness (C) Customary law cannot be overruled (D) ... show full transcript

Worked Solution & Example Answer:Which of the following is an essential element of the natural law doctrine? (A) State sovereignty (B) Procedural fairness (C) Customary law cannot be overruled (D) The state does not have unlimited power - HSC - SSCE Legal Studies - Question 12 - 2007 - Paper 1

Step 1

Identify the essential element of the natural law doctrine

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Answer

Natural law theory posits that there are inherent rights and moral principles that govern human behavior, independent of enacted laws. Among the options provided:

  • State sovereignty relates to the authority of a state to govern itself, which is not necessarily an element of natural law.
  • Procedural fairness addresses the fairness of processes, but does not directly relate to the core principles of natural law.
  • Customary law cannot be overruled suggests that established customs hold an unyielding status, which deviates from the natural law perspective.
  • The state does not have unlimited power aligns with natural law principles, as it emphasizes that there are limits to governmental authority based on moral and ethical considerations.

Therefore, the correct answer that aligns most closely with the essence of natural law is (D) The state does not have unlimited power.

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