HSC Legal Studies Question Thread

[infectmarshroom]

Hi,

Would the United nations be considered a legal or non legal measure to combat HR?
If it depends on the arm of it, what about:
ICJ?
ICC?
Human rights council who investigate and report?
Security council inc R2P?

Also, what is an example of a statutory authority and what makes it such?

[fantasticbeasts3]

Hi,

Would the United nations be considered a legal or non legal measure to combat HR?
If it depends on the arm of it, what about:
ICJ?
ICC?
Human rights council who investigate and report?
Security council inc R2P?

Also, what is an example of a statutory authority and what makes it such?

Hi!

I'd say the UN is a legal measure in terms of human rights as non-legal measures are mostly associated with NGOs and the like.

As for statutory authorities, the Human Rights Council is an example of one. Statutory authorities are pretty much arms of a government (or in the case of my example, the UN) who are given power by the government to exercise specific powers. Here is something to describe statutory authorities - check out the two paragraphs after the page navigation!

Hope this helps :-)

[infectmarshroom]

Hiiii,

Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.

 

[fantasticbeasts3]

Hiiii,

Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.

 

Hi!!

I’d say common law :-) What was the answer to the MC?

...and I’m passing this question to you guys - what do you think?

[infectmarshroom]

I am in discussion with the teacher he believes statute I say common... his argument has no basis though, a mere assumption. Is there any way I could back up my argument? I've been googling to no success

[emilyygeorgexx]

Hiiii,

Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.

 

Hi!!

I’d say common law :-) What was the answer to the MC?

...and I’m passing this question to you guys - what do you think?

Just giving my perspective and I agree with your teacher so I think it is statute law!

Common law is all based on the doctrine of precedent, meaning it is all case law and based off the decisions from previous judgments of judges. Judges are bound and have to adhere to the decisions of a higher court in the judicial hierarchy meaning it is a binding precedent. However, it is up to the judge's discretion whether or not they want to follow the decisions of a lower court in the judicial hierarchy meaning, it is a persuasive precedent.

Yet, statute law has been made by parliament in which they are the Acts of Parliament and are also the primary source of law in Australia. Acts have the ability to make new laws, repeal old laws or codify existing laws. So therefore, it must be statue law.

All this info comes from my law textbook and what I have learnt in law so far so hopefully this helps a bit

[jamonwindeyer]

Hiiii,

Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.

 

The solution to this multi (from memory) is that it is common, and based on my purely HSC based perspective, I think it is common. The logic being that very few human rights are actually enshrined in domestic legislation. This makes HR more of a judicial thing than a legislative thing for us, which would swing you to answer with 'common law.' R v Tang is the one people usually reference as an example of criminal laws being applied to protect human rights. Because the protection is in the application to the specific HR scenario, you go common law.

However, I'm sure I've had this discussion before, also with a Law student who said 'statute law' made more sense. One of those situations where the HSC perspective may be skewed I guess!

[AR-0000274]

hey, can someone please explain the issues surrounding birth technology and surrogacy. I'm having trouble formulating arguments for the essay question "Evaluate the effectiveness of the law in dealing with issues related to birth technology and surrogacy"

[jamonwindeyer]

hey, can someone please explain the issues surrounding birth technology and surrogacy. I'm having trouble formulating arguments for the essay question "Evaluate the effectiveness of the law in dealing with issues related to birth technology and surrogacy"

Hey! Effectively the issue is that there were no laws on it because it is so new! Surrogacy, for example, presents a complex family situation that the law just didn't have any capacity to specifically handle. So essentially, you are evaluating how well the law closed those gaps

PS - I deleted a couple of your earlier posts since they matched with ones you made elsewhere, try not to post the same thing in two places at once!

[tianahanna]

hey, so my essay question is “Assess the effectiveness of both legal and non-legal measures in achieving just outcomes for the changing nature of parental responsibility within Family Law.", and im struggling with the non-legal measure on NGO's. so i know all the ngos like DadsLink, Lone Fathers Association and Anglicare but i dont know how to construct a proper paragraph and i cant find any facts, cases, stats or anything to back myself up.

[avocadinq]

hey, so my essay question is “Assess the effectiveness of both legal and non-legal measures in achieving just outcomes for the changing nature of parental responsibility within Family Law.", and im struggling with the non-legal measure on NGO's. so i know all the ngos like DadsLink, Lone Fathers Association and Anglicare but i dont know how to construct a proper paragraph and i cant find any facts, cases, stats or anything to back myself up.

For questions like these, as long as you address the non-legal measure (aka. ngos) in at least one paragraph, it should be fine. When constructing paragraphs for legal studies, I use PEEL (point, explain, evidence and link), though I don't follow this too strictly. There are plenty of essays based around legal and non-legal responses of parental responsibility which can be found on atarnotes under the notes section or simply, putting the question into google can help as well especially if you ever need any more stats etc to back yourself up!

[infectmarshroom]

Hi all,

Was wondering for option topics when it comes to the contemporary issues... for legal and non legal responses.... what would these be considered as?

- social programs administered by government to address the issue e.g. Increase of social housing funding

Could we state anything administered by the govt. is legal and anything out of the govt is non legal

[fantasticbeasts3]

Hi all,

Was wondering for option topics when it comes to the contemporary issues... for legal and non legal responses.... what would these be considered as?

- social programs administered by government to address the issue e.g. Increase of social housing funding

Could we state anything administered by the govt. is legal and anything out of the govt is non legal

Hello!

For shelter my teacher used to say that initiatives like the one you suggested that were created by the government are legal measures :-)

[Pearlmilktea]

hey, so my essay question is “Assess the effectiveness of both legal and non-legal measures in achieving just outcomes for the changing nature of parental responsibility within Family Law.", and im struggling with the non-legal measure on NGO's. so i know all the ngos like DadsLink, Lone Fathers Association and Anglicare but i dont know how to construct a proper paragraph and i cant find any facts, cases, stats or anything to back myself up.

Just building off the great reply above, feel free to discuss the influence of NGOs on law reform. You could discuss the previous laws, public backlash and the ways NGOs represented this and how as an NGO, they had more power to lobby than individuals for example. Then as a result, there were reforms so you could link those paragraphs (law reforms and NGOs who led to this) to give more substance to your argument If you can't find cases, find media articles, the specific previous laws and then the specific law reforms. Discuss the effectiveness of the non-legal side on influencing legal measures and the impact of these reforms (were they positive or negative, rushed or contributed to further problems, did this lead to further reforms >from memory these were the reforms that had something like 'shared parental responsibility' written so it confused people<).

I hope this helped!
Gracie

[AR-0000274]

Hey, Does anyone have any tips on memorising legal essays