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Without a Bill of Rights, by what means are human rights embodied and protected under Australian law? (A) Referendum (B) Statute law (C) Trade unionism (D) Universal education - HSC - SSCE Legal Studies - Question 5 - 2004 - Paper 1
Question 5
Without a Bill of Rights, by what means are human rights embodied and protected under Australian law? (A) Referendum (B) Statute law (C) Trade unionism (D) Universa... show full transcript
Worked Solution & Example Answer:Without a Bill of Rights, by what means are human rights embodied and protected under Australian law? (A) Referendum (B) Statute law (C) Trade unionism (D) Universal education - HSC - SSCE Legal Studies - Question 5 - 2004 - Paper 1
Step 1
Statute law
Answer
In the absence of a formal Bill of Rights, human rights in Australia are primarily protected through statute law. This includes various pieces of legislation enacted by the Parliament that establish and safeguard certain rights and freedoms.
Legislation such as the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984 are examples of statutes that promote and protect human rights. These laws provide a framework for individuals to seek legal redress in the event of discrimination or other violations of their rights.
While there are some common law principles that may be relevant to human rights, the statutory framework is the main avenue through which rights are enforced and protected in Australia.