By what means does the Australian legal system attempt to resolve a dispute about collective human rights?
(A) By lobby groups organising a peace march
(B) By a referendum to change the Australian Constitution so that Australia becomes a republic
(C) By a law reform commission inviting public submissions on the dispute
(D) By the courts applying domestic and international law - HSC - SSCE Legal Studies - Question 9 - 2003 - Paper 1
Question 9
By what means does the Australian legal system attempt to resolve a dispute about collective human rights?
(A) By lobby groups organising a peace march
(B) By a re... show full transcript
Worked Solution & Example Answer:By what means does the Australian legal system attempt to resolve a dispute about collective human rights?
(A) By lobby groups organising a peace march
(B) By a referendum to change the Australian Constitution so that Australia becomes a republic
(C) By a law reform commission inviting public submissions on the dispute
(D) By the courts applying domestic and international law - HSC - SSCE Legal Studies - Question 9 - 2003 - Paper 1
Step 1
By the courts applying domestic and international law
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Answer
To resolve disputes about collective human rights, the Australian legal system primarily utilizes the court system. This method ensures that legal interpretations are based on both domestic laws and relevant international human rights laws.
The application of domestic law involves adjudicating cases based on legislation enacted within Australia, which can include laws specifically related to human rights protections. On the other hand, international law presents additional frameworks that can influence Australian courts when interpreting cases concerning human rights.
By applying both bodies of law, the courts are able to address disputes effectively, ensuring that individual rights are upheld in accordance with both local and global standards.