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Section I: Multiple Choice (1 Viewer)

Sambam429

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What about question 15? I put d and there's no way it's b because it says statutory
 

Smooth Operator

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What about question 15? I put d and there's no way it's b because it says statutory
Judges can interpret and apply human rights legislation which are passed by statutory laws. Statutory laws are not 'enshrined' in the Constitution to my knowledge. Therefore (B).
 

edwardf316

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What about question 15? I put d and there's no way it's b because it says statutory
Its B. Read the answer in full, yes its says statutory but the response is in regards to legislation
 

tamtheman

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What about question 15? I put d and there's no way it's b because it says statutory
I put d aswell.


What'd everyone get for 11? Because I didn't think the federal state enacted treaties, pretty sure that's parliament?
 

Smooth Operator

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I think for 12 it's (B). Because the Constitution may not explicitly say but the right to a fair trial generally implies legal representation. There is such thing as implied rights within the Australian Constitution. That's what I think at least.
 

SuchSmallHands

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I think for 12 it's (B). Because the Constitution may not explicitly say but the right to a fair trial generally implies legal representation. There is such thing as implied rights within the Australian Constitution. That's what I think at least.
Hmm, yeah, we have a right to a fair trial including legal representation. But that right is limited by the fact that common law (Dietrich v The Queen) stipulates we're not always going to be entitled to a free lawyer. So it's a right that is limited by common law, in my understanding. But it's possible that I'm wrong obviously.
 

tamtheman

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I also did b for 12 because I too thought it was an implied right. Idk even know
 

Smooth Operator

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Hmm, yeah, we have a right to a fair trial including legal representation. But that right is limited by the fact that common law (Dietrich v The Queen) stipulates we're not always going to be entitled to a free lawyer. So it's a right that is limited by common law, in my understanding. But it's possible that I'm wrong obviously.
Oh, I'm not even thinking legal aid haha. I was merely thinking the right to be represented in court regardless of means.
I could be wrong though, it's not a very nice question.

I either forgot or did not know about that case, but it sounds familiar..
 
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SuchSmallHands

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Oh, I'm not even thinking legal aid haha. I was merely thinking the right to be represented in court regardless of means.
Well legal aid is the body that tries to uphold the right to be represented in court regardless of means.
 

edwardf316

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I also did b for 12 because I too thought it was an implied right. Idk even know
This is from the Cambridge textbook "Dietrich v The Queen (1992), which for the first time established a limited right to legal representation in Australia"
 

Smooth Operator

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This is from the Cambridge textbook "Dietrich v The Queen (1992), which for the first time established a limited right to legal representation in Australia"
Well there you go.. The more you know, unfortunately I learnt this after the fact.
 

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