monique66
Active Member
- Joined
- May 11, 2004
- Messages
- 1,475
Umm...we got a list of about 60 previous L & S questions so i started writing up some answers for them...here are a few, and if i feel like it i'll post more up later when i can be bothered to answer them...
PRACTISE HSC STYLE QUESTIONS FOR LAW AND SOCIETY
1. Explain the concept of state sovereignty (2 marks)
State sovereignty refers to the power of a state to have control over its territory and subjects. State sovereignty exists to stop states from interfering with the internal affairs of another nation.
2. Describe how state sovereignty can influence the enforcement of human rights. (3 marks)
State sovereignty is important because it allows human rights to be given to asylum seekers seeking political refuge. These refugees seek assistance from the state because they do not wish to return to their own state because of fear of persecution. Thus the ability to give refugees asylum is under the State’s sovereign power- which controls the entry and exit of people and transportation within its jurisdiction.
3. With reference to one international example, discuss the extent to which state sovereignty limits the enjoyment of human rights. (5 marks)
State sovereignty limits the extent to which human rights can be applied because a State is unable to interfere with the internal affairs of another State. This means that breaches of human rights within a State may go unpunished. For example, in Germany under the Nazi party, Jews were forced to clean pavements. Such behaviour was possible because under the concept of State sovereignty, other States could not interfere in Germany’s internal politics. This means that while State sovereignty ensures that the actions of States are restricted so they cannot intervene with their neighbours or other concerned states; it also means that States can abuse human rights within their own borders. A current example of this is Zimbabwe where the government has done nothing to stop African people killing white farmers in an attempt to gain land. It is evident that while State Sovereignty works in theory there are some problems in its application.
4. With reference to one domestic example, discuss the extent to which state sovereignty limits the enjoyment of human rights. (5 marks)
State sovereignty limits the extent to which human rights can be applied because a State is unable to interfere with the internal affairs of another State. This means that breaches of human rights within a State may go unpunished. For example, in Australia, asylum seekers have been put in immigration detention centres without charge and the government may keep asylum seekers indefinitely. This is a clear breach of human rights and despite concern from other States; they cannot intervene under the concept of state sovereignty. This means that while State sovereignty ensures that the actions of States are restricted so they cannot intervene with their neighbours or other concerned states; it also means that States can abuse human rights within their own borders. From this example, it is evident that while State Sovereignty works in theory there are some problems in its application
5. Discuss the role of one or more historic constitutional documents in providing human rights. (5 marks)
The Magna Carta (1215) was developed to ensure that the power of the monarchy was limited. These limits included:
• No interference in the church
• No right to introduce taxes without consulting Parliament
• No right to imprison a free man without a trial
• No right to remove the rights of the towns
• No right to deny a person the right to travel.
This document was not designed to provide Englishmen with rights, rather as a starting point for human rights. English common law also developed principles to protect the rights of individuals such as:
• Everyone is entitled to due process of the law
• The writ of habeas corpus, which means that people cannot be imprisoned without good reason.
These documents were established as the starting point that human rights could be developed upon.
6. Outline the role of one or more historical constitutional documents in providing human rights. (3 marks)
The Magna Carta (1215) was developed to limit the rights of the monarchy and paved the way for rights we would now interpret as: no free man will be imprisoned unless convicted by a jury and no tax should be raised unless authorised by parliament. This document was not designed to give Englishmen rights, rather as a starting point for human rights. Similarly, English common law was designed to establish the basic rights of individuals such as: everyone is entitled to sue process of the law and people cannot be imprisoned without good reason.
7. Identify how the movement for slavery abolition influenced the development of human rights. (2 marks)
The movement for the abolition of slavery was the first step in ensuring that human rights were upheld. Slavery became an area for international concern because it endorsed the physical ownership of one person by another. Thus, the movement for the abolition of slavery was developed in order to ensure that all people were equal, which has subsequently developed into a human right.
btw...if any of these are wrong can you let me know, yeah? Oh and feel free to add stuff...
PRACTISE HSC STYLE QUESTIONS FOR LAW AND SOCIETY
1. Explain the concept of state sovereignty (2 marks)
State sovereignty refers to the power of a state to have control over its territory and subjects. State sovereignty exists to stop states from interfering with the internal affairs of another nation.
2. Describe how state sovereignty can influence the enforcement of human rights. (3 marks)
State sovereignty is important because it allows human rights to be given to asylum seekers seeking political refuge. These refugees seek assistance from the state because they do not wish to return to their own state because of fear of persecution. Thus the ability to give refugees asylum is under the State’s sovereign power- which controls the entry and exit of people and transportation within its jurisdiction.
3. With reference to one international example, discuss the extent to which state sovereignty limits the enjoyment of human rights. (5 marks)
State sovereignty limits the extent to which human rights can be applied because a State is unable to interfere with the internal affairs of another State. This means that breaches of human rights within a State may go unpunished. For example, in Germany under the Nazi party, Jews were forced to clean pavements. Such behaviour was possible because under the concept of State sovereignty, other States could not interfere in Germany’s internal politics. This means that while State sovereignty ensures that the actions of States are restricted so they cannot intervene with their neighbours or other concerned states; it also means that States can abuse human rights within their own borders. A current example of this is Zimbabwe where the government has done nothing to stop African people killing white farmers in an attempt to gain land. It is evident that while State Sovereignty works in theory there are some problems in its application.
4. With reference to one domestic example, discuss the extent to which state sovereignty limits the enjoyment of human rights. (5 marks)
State sovereignty limits the extent to which human rights can be applied because a State is unable to interfere with the internal affairs of another State. This means that breaches of human rights within a State may go unpunished. For example, in Australia, asylum seekers have been put in immigration detention centres without charge and the government may keep asylum seekers indefinitely. This is a clear breach of human rights and despite concern from other States; they cannot intervene under the concept of state sovereignty. This means that while State sovereignty ensures that the actions of States are restricted so they cannot intervene with their neighbours or other concerned states; it also means that States can abuse human rights within their own borders. From this example, it is evident that while State Sovereignty works in theory there are some problems in its application
5. Discuss the role of one or more historic constitutional documents in providing human rights. (5 marks)
The Magna Carta (1215) was developed to ensure that the power of the monarchy was limited. These limits included:
• No interference in the church
• No right to introduce taxes without consulting Parliament
• No right to imprison a free man without a trial
• No right to remove the rights of the towns
• No right to deny a person the right to travel.
This document was not designed to provide Englishmen with rights, rather as a starting point for human rights. English common law also developed principles to protect the rights of individuals such as:
• Everyone is entitled to due process of the law
• The writ of habeas corpus, which means that people cannot be imprisoned without good reason.
These documents were established as the starting point that human rights could be developed upon.
6. Outline the role of one or more historical constitutional documents in providing human rights. (3 marks)
The Magna Carta (1215) was developed to limit the rights of the monarchy and paved the way for rights we would now interpret as: no free man will be imprisoned unless convicted by a jury and no tax should be raised unless authorised by parliament. This document was not designed to give Englishmen rights, rather as a starting point for human rights. Similarly, English common law was designed to establish the basic rights of individuals such as: everyone is entitled to sue process of the law and people cannot be imprisoned without good reason.
7. Identify how the movement for slavery abolition influenced the development of human rights. (2 marks)
The movement for the abolition of slavery was the first step in ensuring that human rights were upheld. Slavery became an area for international concern because it endorsed the physical ownership of one person by another. Thus, the movement for the abolition of slavery was developed in order to ensure that all people were equal, which has subsequently developed into a human right.
btw...if any of these are wrong can you let me know, yeah? Oh and feel free to add stuff...
