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Explain the extent to which Australia’s constitutional approach to the protection of rights is the same as that of one of the following countries: Canada, New Zealand, South Africa or the United States of America - VCE - SSCE Legal Studies - Question 4 - 2016 - Paper 1
Question 4
Explain the extent to which Australia’s constitutional approach to the protection of rights is the same as that of one of the following countries: Canada, New Zealan... show full transcript
Worked Solution & Example Answer:Explain the extent to which Australia’s constitutional approach to the protection of rights is the same as that of one of the following countries: Canada, New Zealand, South Africa or the United States of America - VCE - SSCE Legal Studies - Question 4 - 2016 - Paper 1
Step 1
Explain the similarities
Answer
Both Australia and New Zealand protect rights in their respective legal frameworks. In Australia, rights are primarily safeguarded through the Constitution, where certain rights are explicitly mentioned. Similarly, New Zealand has a Bill of Rights Act, which protects fundamental rights and freedoms.
Step 2
Discuss the differences
Answer
The significant difference is the legal basis: Australia maintains a constitutional approach to rights protection, whereas New Zealand's protection is statutory. This means that while Australia's rights can only be altered through a complex legislative process, New Zealand's rights can be more readily amended or changed by the government.