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Which of the following would be a feature of a statutory Charter of Rights in Australia? (A) It would be able to be adapted to changing values - HSC - SSCE Legal Studies - Question 18 - 2013 - Paper 1

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Which of the following would be a feature of a statutory Charter of Rights in Australia? (A) It would be able to be adapted to changing values. (B) It could be cha... show full transcript

Worked Solution & Example Answer:Which of the following would be a feature of a statutory Charter of Rights in Australia? (A) It would be able to be adapted to changing values - HSC - SSCE Legal Studies - Question 18 - 2013 - Paper 1

Step 1

It would be able to be adapted to changing values.

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Answer

A statutory Charter of Rights would typically be designed to evolve over time, allowing for adaptations in response to societal changes and values. This flexibility is crucial in ensuring that the rights represented remain relevant and reflective of the community's needs.

Step 2

It could be changed by the House of Representatives.

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Answer

While a Charter of Rights could potentially be amended through legislative processes, this statement is less characteristic of a statutory Charter, as it implies limitations on adaptiveness. Changing it solely by the House restricts broader societal input.

Step 3

It could be changed by citizens through a referendum.

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Answer

This option aligns more closely with constitutional rights rather than a statutory framework, as typically, referendums are used for constitutional amendments rather than changes to statutory laws.

Step 4

It would be incorporated into the Australian Constitution.

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Answer

A statutory Charter of Rights exists independently of the Constitution, thus this statement does not reflect its nature.

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