Post your m/c answers here. (2 Viewers)

[ar5ena1]

14 isn't A, native title is a modern legal concept not a characterisitic of customary ASTI law.

I quote from Derwent again

"the rule of law within australia emobides a wide variety of inter-related principles, including:

independence of the judiciary
concept of a fair trial
individuals right in relation to arrest and questioning procedures
the right not to incriminate onself"

and it goes on to say, correctly:

"throughout history legal philospher have used two common themes when attempting to identify the law:

the law is enforceable
the law must be publicaly known"

So yes, the rule of law does represent some of those things.

 

[ar5ena1]

14 isn't A, native title is a modern legal concept not a characterisitic of customary ASTI law.

I quote from Derwent again

"the rule of law within australia emobides a wide variety of inter-related principles, including:

independence of the judiciary
concept of a fair trial
individuals right in relation to arrest and questioning procedures
the right not to incriminate onself"

and it goes on to say, correctly:

"throughout history legal philospher have used two common themes when attempting to identify the law:

the law is enforceable
the law must be publicaly known"

So yes, the rule of law does represent some of those things.

oo and the best bit it says on p5. "of all these principals, the most important principle is that the law must apply equally to all, regardless of status or position in society"

well gee

 

[:: dreami ::]

14 isn't A, native title is a modern legal concept not a characterisitic of customary ASTI law.

I quote from Derwent again

"the rule of law within australia emobides a wide variety of inter-related principles, including:

independence of the judiciary
concept of a fair trial
individuals right in relation to arrest and questioning procedures
the right not to incriminate onself"

and it goes on to say, correctly:

"throughout history legal philospher have used two common themes when attempting to identify the law:

the law is enforceable
the law must be publicaly known"

So yes, the rule of law does represent some of those things.

yeh but does it PROTECT HUMAN RIGHTS as wholly as the UNDHR?

look 14 is a...

 

[ar5ena1]

You're teacher is wrong, 15 cannot be A. Why is A any more correct than D? In fact it is neither its B.

 

[wallid]

10 is asking for a collective right under international law, applying universally???

a defined group within a state - domestic law matters

i thought it was B - refugee's - international - group - collective

A3 (1) ICESCR - freely decide their international status



well im happy about 15, but y cant ICCPR protect rights

 

[ar5ena1]

14 is either C or D, because native title isn't a concept or "characteristic" under customary law. its a term that means ATSI have a claim over land because they were here first. Its a common law terms, its just wrong.

 

[:: dreami ::]

D is less encompassing than A, simple as that

 

[hiphophorray123]

14 is either C or D, because native title isn't a concept or "characteristic" under customary law. its a term that means ATSI have a claim over land because they were here first. Its a common law terms, its just wrong.

self--determination is the right for people to choose their own government

ownership of land is a general law, not only jsut for abos and torres

its a

thats that, i went through it with my teacher, so did the girl above...so a

 

[ar5ena1]

D is less encompassing, thats incorrect - its an earlier document, and is increasinly less relevant in today's climate. Of the 2, D is more correct.

 

[ar5ena1]

"Native title: the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs, that are recognised under Australian law."

I found this, seems you are correct =)

Crap question tho =D

 

[Butterfly Kissz]

i dunno if i'm ryt..
but hey...

1. c
2. c
3. a
4. a
5. b
6. d
7. a (have no idea?)
8. b
9. d
10. b
11. c
12. b
13. c (have no idea really)
14. d
15. d

meh.. i dunno how i went.. a few were a bit iffy!!! :uhhuh:

 

[Ziff]

The UNDHR is NOT an instrument that a country can adopt. It protects NOTHING. It is just symbolic.

The rule of law is simply that no one is above the law. Now if a government makes a law saying "it's Jew shooting happy hour from 5pm - 6pm" this isn't protecting anything.

The ability of all to vote doesn't either. People can vote in a government who will then use "emergency powers" to undermine people. Also look at ASIO and terrorism laws, these undermine human rights even though we have universal suffrage.

The ICCPR is and puts into force in signatory nations who have ratified and adopted the instrument first generation human rights (from the UNDHR) i.e. what a government ought not to do.

 

[Ziff]

"Native title: the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs, that are recognised under Australian law."

I found this, seems you are correct =)

Crap question tho =D

That is not a characteristic of ATSI customary law...

 

[Butterfly Kissz]

in my view:
the whole native title thing was not established as part of a characteristic of their customary law as it was a response of the high court of aust to terra nullius. so i dont think that can be correct

while terra nullius was the brits reaction to the land so that is also incorrect

self determination, although part of how they are now governed is not a characteristic of their law so it is also incorrect

and so, the only possible answer that is a characteristic of atsi customary law would be land ownership and plays an important part of their law...

but thats just my opinion.. i cud be wrong...

 

[impulse_17]

from a legal textbook:
"Aborigines have a strong relationship to the land and see themselves as custodians of the land rather than having private ownership."
D is probably the best answer. But none of them are really correct.

 

[hiphophorray123]

"Native title: the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs, that are recognised under Australian law."

I found this, seems you are correct =)

Crap question tho =D

yeah it was extremely shitty question the whole section I was fucked the rest was allright though

 

[hiphophorray123]

thats like saying 'ownership of land' would not exist in law if it wasn't in ASTI customary law....thats why we have property law

 

[:: dreami ::]

mmm... think u r right about the ICESCR, didnt think of that in the exam

owell 14/15 for me

 

[impulse_17]

aha i've got it. answer for 14 is definitely D. (damn!)

"Before 1788 land was OWNED by Aboriginal people on a groups or tribal basis. Being a member of a tribe meant that a person was able to dwell on certain lands belonging to the tribe and to use the resources contained on the land. Land OWNERSHIP was inalienable, that is, it could not be transferred. Land was a part of being a tribal member and to lose the land meant losing the tribe, its culture and history".

The definition of "Native Title" is "the right to live on land and use it for traditional purposes."
putting it back into the question:
"The right to live on land and use it for traditional purposes is a characteristic of ATSI customary law recognised by the Australian legal system"

quotes come from a prelim textbook if u were interested.

i'd always had this impression that ATSIs had no concept of ownership... but i guess that is wrong.

 

[Butterfly Kissz]

ah! the wonder that ones gets from retrospect. hehehe