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Which of the following provides the best protection of an individual’s human rights in Australia? (A) A jury in a criminal trial (B) The Australian Constitution (C) The discretionary power of the police (D) Australian courts applying common law - HSC - SSCE Legal Studies - Question 8 - 2006 - Paper 1
Question 8
Which of the following provides the best protection of an individual’s human rights in Australia? (A) A jury in a criminal trial (B) The Australian Constitution (... show full transcript
Worked Solution & Example Answer:Which of the following provides the best protection of an individual’s human rights in Australia? (A) A jury in a criminal trial (B) The Australian Constitution (C) The discretionary power of the police (D) Australian courts applying common law - HSC - SSCE Legal Studies - Question 8 - 2006 - Paper 1
Step 1
Answer the question
Answer
The best option for providing protection for an individual's human rights in Australia is (D) Australian courts applying common law.
Explanation:
Australian courts play a crucial role in interpreting and enforcing human rights protections through the application of common law. While other options, like a jury in a criminal trial and the Australian Constitution, may contribute to human rights protection, they are not as comprehensive or as foundational for ongoing human rights jurisprudence in Australia as the judicial system itself.
Summary:
Choosing (D) signifies an understanding that courts have the authority to interpret laws in light of human rights considerations, setting precedents through case law that uphold individual rights.