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
A) A jury in a criminal trial
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Answer
While a jury provides some level of protection for individual rights during criminal proceedings, it is limited to the context of legal trials and does not cover the broader spectrum of human rights.
Step 2
B) The Australian Constitution
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Answer
The Australian Constitution does outline certain rights, but it does not encompass an extensive bill of rights. Thus, it does not offer the most comprehensive protection of individual human rights.
Step 3
C) The discretionary power of the police
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Answer
This option is not a source of protection for individual rights; rather, it can potentially lead to abuses if not properly checked and regulated.
Step 4
D) Australian courts applying common law
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Answer
Australian courts, through the application of common law, can effectively protect individual human rights. They interpret legislation and common law principles to safeguard rights, often leading to more comprehensive protections than those listed in the Constitution.
