Which of the following best describes the place of the doctrine of natural law in the Australian legal system?
(A) It is used by courts to overturn statutes - HSC - SSCE Legal Studies - Question 13 - 2004 - Paper 1
Question 13
Which of the following best describes the place of the doctrine of natural law in the Australian legal system?
(A) It is used by courts to overturn statutes.
(B) I... show full transcript
Worked Solution & Example Answer:Which of the following best describes the place of the doctrine of natural law in the Australian legal system?
(A) It is used by courts to overturn statutes - HSC - SSCE Legal Studies - Question 13 - 2004 - Paper 1
Step 1
Answer option (A)
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Answer
The claim that natural law is used by courts to overturn statutes overlooks the principle of parliamentary sovereignty in Australia, where courts do not generally possess the authority to invalidate legislation.
Step 2
Answer option (B)
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Natural law provides a foundational perspective for the interpretation of statutes, aligning them with inherent moral principles.
Step 3
Answer option (C)
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This option correctly identifies the contemporary role of natural law in supporting ethical arguments that advocate for law reform based on moral reasoning.
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Answer option (D)
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While Australia is indeed diverse in religious beliefs, this does not diminish the significance of natural law, which continues to influence moral and ethical legal arguments.
