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Ziff

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myg0t said:
Oi for 15 - how does that provide for any protection, it is there but who says its enforced?
14. c, ownership of land is the same as native title, the whole cocnept is self determination
10. How the fuck would they let them establish a new nation your kidding yoruself, answer is A
8. B, since when MUST it be enforced? says who?
15 asked for which of these can best provide for the protection of human rights. It said nothing about enforcement, it said for the provision of protection (i.e. an instrument of intl. law).

14 asked "which of the following is a characteristic of ATSI CUSTOMARY LAW recognised by the Australian legal system. It's important that you note a characteristic of customary law. Self-det is not an ATSI law (it is a 3rd gen. human right), Native Title is an Australian Federal law (Native Title Act (1993) Cth). ATSI people did have ownership of land as proven in Mabo v. State of Queensland (No.2) 1992

10 nation or autonomy.

8 what about when foreigners come to a domestic country? They are not citizens, yet, domestic laws still apply to them. E.g. if an American citizen came here, and shot someone, they would be tried under domestic law.
 
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ar5ena1 said:
01. C - correct
02. C - correct
03. A - correct
04. A - correct
05. B - correct
06. D - correct
07. A - correct
08. A - correct
09. A - It was a toss up between A and D, went for D (correct - went for A because non legal measures still have to endure redtape and so forth, A is most correct but shit question)
10. D - correct
11. B - (clearly c/d are wrong, as c does not have enforcement, and d is just wrong - a is wrong in that holding a 15 yr old in custody isn't against the law)
12. B - correct
13. B - natural law has got nothing to do with law reform, its used to inteprete postive law i.e. statute, its B for sure.
14. C - ATSI people had a peculiar notion of ownership - actually, they had no "ownership" of land, hence the british took it over - later we recognised they did in mabo, however it isn't a part of customary law - i believe this is c but could be both or indeed D.
15. B - ICCPR is useless unless ratified, but the existance of the rule of law would ensure basic notions of eqaulity and equity, ICCPR is to close to the UDHR and hence i knocked them both out and put B.


11 is C if somethings illegal the police will enforce it

hence, recognition 'its made illegal,' and enforcement
 

wallid

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10 - b - "freely deciding international status" - A1 (3) ICESCR


y cant 12 be C, who says Kath cant be the prosecution, legally allowed to isn't she
 
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ziff, but 8 isnt on domestic law.. it's on domestic rights.. there's a diff...
 

ar5ena1

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12 c? ahah, no man the burden of proof in a public matter is on the prosecution not the defendant. B
 

impulse_17

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my answers.. with reasons for the non-obvious ones...
1. C
2. C
3. A
4. A
5. A
6. D
7. A (obviously isn't C or D. to SECURE HIS RELEASE, i don't think the constitution will do much. so common law, A.)
8. B (obviously not C or D. domestic RIGHTS don't necessarily have to be enforced by the state... but domestic rights do only apply to citizens of a country therefore B).
9. A (Not B. legal measures can also be adapted to individual circumstances. just because non-legal measures can bypass governmeent processes and bureaucracies doesn't mean they're going to be more effective.. the operation of state sovereignty means that states can decide to enforce the human rights that they want to and ignore others. whereas non-legal measures enforce the.. oh, i don't know.)
10. D (not B or C... D because collective rights can dont necessarily involve people just from one state as in A)
11. C (not A or D. protest action about animal rights doesn't really have anything to do with human rights. when the Australian govt passes a law that makes discrimination illegal, they are recognising people's cultural and political rights not to be discriminated against, and also allowing for the enforcement of this law. so C.)
12. B (Kath and Kim, i wanted to start laughing! umm.. if it's a private law matter, Kim wouldn't be 'acquitted' because you can't be acquitted if it isn't a crime, so not A... if it's a public law matter, Kath doesn't have the burden of proof, the state does, so not C. it isn't property law, so not D. therefore B.)
13. C (not A or B... it is still relevant in Australia and is even the basis for much human rights conventions, so not D, therefore C.)
14. A (B isn't a feature of ATSI customary law, it's an english doctrine, self determination isn't recognised by the Australian legal system so not C, ownership of land is not a concept of ATSI customary law.. native title... actually this question is stupid but native title is recognised under the Aus. legal system... it's not in itself exactly a 'feature of ATSI customary law' but it involves them exercising their customary law i guess... A is better than the other answers, put it that way then.)
15. B (not C, just because everyone can vote doesn't prevent human rights from being abused, e.g. if you have a choice between 2 parties who both abuse human rights, it won't help you in any way... there is no reason why one of A or D would be better than the other one... and they are unenforceable anyway... B means that the coercive power of the state is checked and that the law is applied equally to everyone and that people in authority can't act above the law and if it exists it means it is being enforced... but then again, just because country X has the rule of law doesn't mean that human rights somewhere else are being protected... i don't think that's what the qn meant but it's kinda dodgy)

yeah, i'm not saying everything i wrote is right... so feel free to correct anything if you think it's wrong.
 

ar5ena1

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gave my text back otherwise... oo wait i got a photocopy for the topics somewhere, i can check!
 

ar5ena1

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11. Is definately B.

From Derwent's Legal Studies HSC

"Human rights in australia are recognised in a range of new common and statute laws. Thi can be seen in the growing recognition of the customary rights of ASTI's and a willingness of the courts to enfore them.

In the case Yanner v Eaton 1999 HCA...."

And it goes on to state a number of other cases where people have done things, and the courts have affirmed them as legal.
 

:: dreami ::

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i should be right with these but not too sure about some:

1. c
2. c
3. a
4. a
5. b
6. d
7. a
8. b
9. d
10. a
11. c
12. b
13. b
14. a
15. a

mark me ;)
 

:: dreami ::

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ar5ena1 said:
gave my text back otherwise... oo wait i got a photocopy for the topics somewhere, i can check!
14 has to be A sweetheart.

B - wrong
C - not part of customary law
D - customary law looked at communical ownership and the idea that the land owned them
 

:: dreami ::

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dont wanna spam but rule of law doesnt ensure equality and fairness... it merely states that the law applies to all... ur referrin to natural justice
 

wallid

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14 is D, Which of the following is a feature of customary law was a question in one of the past hsc papers, native title was an option, NOT THE ANSWER

10 not a - international law... within a state?

i did a as well for 15, think we are wrong :S
 

:: dreami ::

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wallid said:
14 is D, Which of the following is a feature of customary law was a question in one of the past hsc papers, native title was an option, NOT THE ANSWER

10 not a - international law... within a state?

i did a as well for 15, think we are wrong :S
that was a different question:

which of the following is a feature of cus. law?

a) doc of precedent
b) dispute resolution
c) native title
d) terra nullius

here the answer is B, but for our question, it ses which one is IN THE LEGAL SYSTEM... which has to be native title

i dont get ur explaination for 10?

and for 15 its def. A, my teacher confirmed - cant be C or D and B doesnt ensure rights
 

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