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What are the main differences between the common law system and the civil law system? Assess the effectiveness of ONE non-legal measure in the promotion of human rights - HSC - SSCE Legal Studies - Question 16 - 2010 - Paper 1
Question 16
What are the main differences between the common law system and the civil law system? Assess the effectiveness of ONE non-legal measure in the promotion of human ri... show full transcript
Worked Solution & Example Answer:What are the main differences between the common law system and the civil law system? Assess the effectiveness of ONE non-legal measure in the promotion of human rights - HSC - SSCE Legal Studies - Question 16 - 2010 - Paper 1
Step 1
What are the main differences between the common law system and the civil law system?
Answer
The common law system and the civil law system differ primarily in their sources of law, application, and judicial procedures.
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Sources of Law: In a common law system, case law (judicial decisions) and precedents play a significant role, whereas civil law systems are primarily based on codified statutes and laws enacted by legislative bodies.
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Legal Reasoning: Common law relies on the principle of stare decisis, meaning that judges are bound to follow precedents set by higher courts. In contrast, civil law judges tend to interpret and apply statutory laws directly, with less emphasis on previous rulings.
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Judicial Role: In common law systems, judges often play an active role in shaping the law through their rulings, while in civil law systems, judges have a more passive role and act as interpreters of the law.
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Litigation Process: The litigation process in common law systems often involves jury trials, whereas civil law systems typically do not include juries; instead, judges make decisions based on facts presented in trials.
Step 2
Assess the effectiveness of ONE non-legal measure in the promotion of human rights. Use a contemporary example to support your response.
Answer
One effective non-legal measure for promoting human rights is the role of international non-governmental organizations (NGOs). NGOs such as Amnesty International and Human Rights Watch actively work to raise awareness about human rights abuses, influence public opinion, and advocate for policy changes.
Effectiveness Assessment:
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Awareness Raising: NGOs play a pivotal role in informing the public and governments about human rights violations. Their reports and campaigns shed light on issues that may be overlooked or underreported.
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Advocacy and Pressure: By leveraging social media and traditional platforms, NGOs can mobilize public support and apply pressure on governments to uphold human rights standards.
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Contemporary Example: For instance, Amnesty International's campaign against police brutality in the United States during the Black Lives Matter movement brought international attention to the issue, prompting calls for accountability and reform.
In conclusion, NGOs are a powerful non-legal measure that effectively promote human rights by raising awareness and creating pressure for change.