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(a) Define self-determination - HSC - SSCE Legal Studies - Question 16 - 2008 - Paper 1
Question 16
(a) Define self-determination. Self-determination is the principle that allows individuals or groups to make their own choices and govern themselves. It emphasizes ... show full transcript
Worked Solution & Example Answer:(a) Define self-determination - HSC - SSCE Legal Studies - Question 16 - 2008 - Paper 1
Step 1
Define self-determination.
Answer
Self-determination is the principle that allows individuals or groups to make their own choices and govern themselves. It emphasizes the rights of people to control their own political, social, and economic affairs without external interference. This concept is crucial in various contexts, including political independence and personal autonomy.
Step 2
Outline the 'natural law' doctrine.
Answer
The 'natural law' doctrine posits that certain rights and moral values are inherent in human nature and universally applicable. It asserts that human beings possess an innate understanding of right and wrong, which can guide ethical conduct and legal frameworks. Natural law serves as a foundation for creating just laws that reflect moral principles.
Step 3
Outline arguments for and arguments against a Bill of Rights for Australia.
Answer
Arguments For a Bill of Rights:
- Protection of Individual Rights: A Bill of Rights would safeguard fundamental human rights, ensuring they are legally enforceable.
- Promoting Social Justice: It could address inequalities and promote social justice by acknowledging marginalized groups.
- Balancing Power: A Bill of Rights would provide a check against government overreach, enhancing the balance of power.
Arguments Against a Bill of Rights:
- Preserving Parliamentary Sovereignty: Critics argue that enshrining rights could limit the flexibility and responsiveness of Parliament to societal changes.
- Potential for Judicial Activism: A Bill of Rights might empower judges to interpret laws subjectively, leading to inconsistent application.
- Existing Protections: Opponents may contend that existing laws and protections are sufficient to maintain individual rights without a formal Bill of Rights.