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Describe how the common law in Australia promotes and enforces human rights - HSC - SSCE Legal Studies - Question 22 - 2070 - Paper 1
Question 22
Describe how the common law in Australia promotes and enforces human rights. Use an appropriate example to support your answer.
Worked Solution & Example Answer:Describe how the common law in Australia promotes and enforces human rights - HSC - SSCE Legal Studies - Question 22 - 2070 - Paper 1
Step 1
Describe how the common law in Australia promotes and enforces human rights
Answer
Common law in Australia promotes and enforces human rights primarily through the application of legal precedents. Judges interpret laws and resolve disputes based on principles established in earlier cases. By referencing previous judgments, the courts ensure a consistent application of human rights protections. Additionally, the development of common law offers a dynamic means to evolve rights protections over time, rather than relying solely on statutory law.
Step 2
Use a relevant example to support your answer
Answer
The Toonen case serves as a pivotal example. In this case, the Australian High Court recognized that laws discriminating against individuals based on their sexual orientation were inconsistent with Australia's obligations under international human rights treaties. The court's ruling not only promoted the enforcement of human rights but also set a clear precedent that influenced future decisions and legislative changes. This case exemplifies how common law can effect change by acknowledging and enforcing human rights.