Legal Studies Multiple Choice - what? (1 Viewer)

[verdades]

Which of the following is an essential element of the natural law doctrine?
A) State soverignty
B) Procedural fairness
C) Customary law cannot be overruled
D) The state does not have unlimited power

So I answered B.
Because my understanding is that natural justice relates to a lack of bias within the judiciary thus reasons given for decisions, defendant's right to a hearing and to present evidence, etc. Which is procedural fairness, yes?

Apparently the answer is D. But this is my understanding of part of the concept of the rule of law.

Can anyone please explain why the answer is D, and not B?
Thanks


The question is from BoS multiple choice, though I'm not sure which year, as I select to do a random selection of questions.

 

[ANTMfan91]

The question is about Natural LAW not natural justice. The answer is D because natural law (ie. law derived from a higher power) overrides postivie law (law made by states). This used to be law from god ie. the church/Bible etc. But because State and Church are separated natural law isn't from God. Technically its supposed to be international law, which doesn't work as it should.

However your information about natural JUSTICE is correct. It's just not relevent to this question about natural LAW

 

[verdades]

Ahhh, thankyou.
:]
I'll watch out for things like that in the future.

 

[Venom.]

Some of the questions from the Catholic trials were ridiculously ambiguous, it could've been one of three possible answers in those questions. But the HSC is much more straightforward. Watch for those little tricks in questions, particularly in relation to the difference between civil/criminal law cases.