zazzy needs a small favor (1 Viewer)

[zazzy1234]

i have some questions dat i can't seem 2 find da anwers 2

1. what r the sources of international and domestic law

2. how is australian legal system influenced by society?

3. what r the effectiveness of domestic and international legal measures in protecting the human rights?

any heeeeeeeeelllllllllllllppppppppppp would b graet thanx

 

[squeenie]

They seem like pretty straightforward questions, so you should be able to find those answers in your textbook...

But anyway:

1. International laws are set out by treaties. Said treaties are proposed, written and set by international organisations such as the UN. They can only apply to the signatories of those treaties, and even then, very little can be done if an international law is violated. An international law is only valid within a sovereign state if the law has been ratified into domestic law by the government of that country. Sources of domestic law are usually state/federal governments and to a small extent, court decisions.

2. The legal system has to keep up with the changing values of society, otherwise it becomes redundant. Major influences include: changing social values, attitudes and opinions, advancements in technology and current world/domestic issues.

Examples of each influence:

Changing social attitudes: The rise of multiculturalism has lead to the introduction of new anti-discrimination laws

Advancements in technology: New types of crime have come up as a consequence of the widespread use of computers. Invasion of privacy, fraud and harassment/discrimination are examples of crimes that are now much easier to commit via computers/technology. Laws must be able to deal with such crimes.

Current issues: A very recent example is the proposal of an emissions trading scheme in response to global warming. Other laws have been recently been brought in to help protect the environment by setting rules and regulations. Current issues can be related back to the first two points.

3. It's up to you to determine the effectiveness of the legal system in dealing with those issues. Read case studies, look up the relevant laws and form your own opinions. It usually doesn't matter whether you agree or disagree with the question, your marks are mostly based on how well you make your case - articulation of arguments, relevance of case studies/laws chosen, etc.

Edit: These are only very brief answers. Make sure you look up these questions in either your textbook or class notes - more detailed answers should be there.

 

[zazzy1234]

They seem like pretty straightforward questions, so you should be able to find those answers in your textbook...

But anyway:

1. International laws are set out by treaties. Said treaties are proposed, written and set by international organisations such as the UN. They can only apply to the signatories of those treaties, and even then, very little can be done if an international law is violated. An international law is only valid within a sovereign state if the law has been ratified into domestic law by the government of that country. Sources of domestic law are usually state/federal governments and to a small extent, court decisions.

2. The legal system has to keep up with the changing values of society, otherwise it becomes redundant. Major influences include: changing social values, attitudes and opinions, advancements in technology and current world/domestic issues.

Examples of each influence:

Changing social attitudes: The rise of multiculturalism has lead to the introduction of new anti-discrimination laws

Advancements in technology: New types of crime have come up as a consequence of the widespread use of computers. Invasion of privacy, fraud and harassment/discrimination are examples of crimes that are now much easier to commit via computers/technology. Laws must be able to deal with such crimes.

Current issues: A very recent example is the proposal of an emissions trading scheme in response to global warming. Other laws have been recently been brought in to help protect the environment by setting rules and regulations. Current issues can be related back to the first two points.

3. It's up to you to determine the effectiveness of the legal system in dealing with those issues. Read case studies, look up the relevant laws and form your own opinions. It usually doesn't matter whether you agree or disagree with the question, your marks are mostly based on how well you make your case - articulation of arguments, relevance of case studies/laws chosen, etc.

thhhhhhhhhhaaaaaaaaaaaaannnnnnnccccccccckkkkkkk uuuuuuuuuuu sqqqqqqqquuuuuuuuiiiiiieeeeeeennnnnnnnneeeeeee!!!!!!!!!!!!!!!! i o u

 

[sir-study-alot]

1. the other source of domestic law = constitution.

2. i thought it was the 5 influence on the law?
social inf.
cultural inf.
moral inf.
poltical inf.
&& economic?

3. brief - domestic effective - enforcable
- intl. ineffective - obvious if done globalisatioon , but no enforcable.

 

[alina yousif]

1. Sources of International Law include: treaties, conventions, declarations, UN resolutions and case law from int. tribunals.
Sources of Domestic Law: Statute Law and Common Law.
(expand on this)

2. Influences: Social, Cultural, Economc, Moral, Political. (expand on this)

3. Domestic law is effective in enforcing legal measures to protect human rights. Also, int, meansures are effective in protecting human rights universally, however there role becomes ineffective in that there is no int. polic force that can routiney carry out law enforcements. Also, domestic law is not forced to upload int. measures set by the UN, for example.
It would be good is you also used a specific human rights abuse and say how domestic and int. measues have either ben effective or ineffective.

hope it helps.

 

[Rebecca_Cullen]

Hi Zazzy!!