Hey Elyse,
Hope you are well
I found this Human Rights question in a past paper and I wasn't sure how I should answer it:
With Reference to examples, outline how common law protects human rights within Australia?
Do common law examples just mean to reference cases?
Thanks heaps
Hi Angie, I might be able to help here!
I just finished the 2014 CSSA legal trial and found the question I believe you're asking, is it Question 23 (5 Marks)?
In regards to examples i don't believe cases are completely necessary but you can use them to show an enaction of how common law protects rights.
We know that common law is judge-made law, so that encompasses things like
procedural fairness and its stipulated
right to a fair trial which I used in my answer. You could use a case here I suppose (I used R v. Wood (2008) and the
retrial ordered by the judge due to
juror misconduct) to display how common law can prevent the abuse of the human rights and the right to
equality, especially before the law.
Hope this helps!