Outline how international human rights are incorporated into Australian domestic law. - HSC - SSCE Legal Studies - Question 21 - 2016 - Paper 1
Question 21
Outline how international human rights are incorporated into Australian domestic law.
Worked Solution & Example Answer:Outline how international human rights are incorporated into Australian domestic law. - HSC - SSCE Legal Studies - Question 21 - 2016 - Paper 1
Step 1
Outline how international human rights are incorporated into Australian domestic law.
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Answer
International human rights are incorporated into Australian domestic law primarily through legislation enacted by federal and state parliaments. These parliaments can pass statutes that reflect the principles outlined in international treaties to which Australia is a party.
Moreover, the judiciary plays a crucial role, as judges, particularly in higher courts such as the High Court, have the authority to reference and apply international law when making decisions. This relationship helps establish a legal framework that acknowledges and integrates international human rights into the national legal system.