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A good way to study - Law&Soc/Human Rights (1 Viewer)

still waiting

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mandatory sentencing in the northern territory..
its a breach of human rights as in theory the law seems fair but in practice it actually discriminates against a particular race (aboriginals) and therefore is not just nor fair and even though the current nt govt has watered it down it is still to some degree in place and the fed govt had the power to override the legislation but chose not to....
 

Jonathan A

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still waiting said:
mandatory sentencing in the northern territory..
its a breach of human rights as in theory the law seems fair but in practice it actually discriminates against a particular race (aboriginals) and therefore is not just nor fair and even though the current nt govt has watered it down it is still to some degree in place and the fed govt had the power to override the legislation but chose not to....

Is this a question?

If we want to look at the law, we need to look at the rule of law. Mandatory sentencing applies to all who are convicted of a crime applicable to it. As for human rights, generally no domestic law exists going against mandatory sentencing - it's valid.
 
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i got this in the half yearly but i still haven't got the whole idea.

Explain how effective a Bill of Rights would be in protecting human rights in Australia.
 

still waiting

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i remember doing something like this
i think its that by having one it clearly protects those particular rights in domestic legislation but i think by doing so it restricts the ability to portect other human rights
im not quite sure whether that is correct or not but i hope it might give u some idea/direction
 
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LaraB

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still waiting said:
mandatory sentencing in the northern territory..
its a breach of human rights as in theory the law seems fair but in practice it actually discriminates against a particular race (aboriginals) and therefore is not just nor fair and even though the current nt govt has watered it down it is still to some degree in place and the fed govt had the power to override the legislation but chose not to....
yes mandatory sentencing may be argued to be a breach of human rights, but be careful about how you word the answer...

ie its not a breach of human rights simply because it discriminates against a certain race as there are other factors which contribute to high crime rates in certain communities... and the point regarding the power of the fed gov to override he legislation isn't relevant as such... you could instead adress the manner in which it provides uniformity as opposed to 'justice' before the law etc

perhaps a better example is mandatory immigration detention as there is so much about it at the moment with Rau, Badriae, cant remember her name but the asian woman who recently returned to aus, Woolley, there's a whole heap of kids around sydney who've been detained and are seeking release etc...
 

monique66

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this thread is so dead...

QUestion: what is the difference between moral, customary and legal rights?
 

goan_crazy

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damnation said:
this thread is so dead...

QUestion: what is the difference between moral, customary and legal rights?
moral rights generally constitute from what people see as right as wrong E.g. the right to have sexual intercourse...
customary rights-those developed by long use and tradition
E.g. rights to native title for aboriginals
legal rights-enforcable rights which are embodied in law
e.g. the right to education
 

jonnathann

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umm...what are sum NGO's that help address human rights issues and what are their functions..
 

= Jennifer =

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jonnathann said:
umm...what are sum NGO's that help address human rights issues and what are their functions..

:eek: :eek: :eek: :eek: are you sure you study legal studies?

i know the answer but i think it is for your benefit to go back to your year 11 text and some are mentioned in the year 12 textbooks
 
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does anyone know how much of law and society and human rights we are supposed to know? should it be done it depth? i know we should stick to the syllabus, im just trying to cut down the amount of information i have to make it more study friendly.
 

goan_crazy

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*n.a.t.a.l.i.e* said:
does anyone know how much of law and society and human rights we are supposed to know? should it be done it depth? i know we should stick to the syllabus, im just trying to cut down the amount of information i have to make it more study friendly.
make syllabus notes
my notes for law and justice is 7 pages
and human rights is 9 pages

ive attatched an example of a member who has consice notes who submitted em on the forums
theirs is like 7 pages altogether
hope it helps
 

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Using one specific example of an internation human rights issue, outline how domestic law has responded to this issue.

(from the 2001 paper, worth 3 marks)
 

goan_crazy

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sally_33 said:
Using one specific example of an internation human rights issue, outline how domestic law has responded to this issue.

(from the 2001 paper, worth 3 marks)
discrimination
domestic law has enacted the anti discrimination act 1977 NSW
it protects people against discrimination.
the Anti Discrimination Board handles state issues and the HREOC is a federal body

next question: what are characterisitcs of a just law?
 

sly fly

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A just law allows for access, equity, fairness and equality. I think that answer is wrong. Does someone have a better answer?

Another q: Whats the difference between civil law and private law? (2 marks)
 

goan_crazy

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sly fly said:
A just law allows for access, equity, fairness and equality. I think that answer is wrong. Does someone have a better answer?

Another q: Whats the difference between civil law and private law? (2 marks)
Answer to my question- treats everyone equally, does not discriminate, reflects the morals and ethics of society... stuff like that

civil law is the law that deals with private citizens. Private law deals with disputes between private individuals, not usually involving the police.


next question: what are 3 types of equality?
 

goan_crazy

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Just bumping this so that ppl can "study" instead of procrastinating like me :p

next question: what are 3 types of equality?
 

goan_crazy

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melsc said:
explain the doctrine of the separation of powers
Where the power is separated into the 3 arms of govermnent-the legislature, executive and judiciary - thats yr11 stuff Mel

next question: Explain the difference between tort law, property law and contract law... [Lots of ppl stuff these :(]
 

still waiting

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tort is a civil wrong ie something done to the public by a large company or the council etc
property covers any misuse/damage to items owned by someone
and contract is a breach of an agreement between two people either verbal or non verbal.....
i think thats what it is anyways, oh wise one reveal your answers......;)
 

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