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What role should international law play in Australia? Discuss the advantages and disadvantages of monism and dualism
11 Pages • Essays / Projects • Year: Pre-2021
The United Nations established that freedom from prejudice is a basic human right. What role should international law play in Australia? Discuss the advantages and disadvantages of monism and dualism with specific reference to human rights protection. The United Nations establish laws that are egalitarian and act as the ‘the golden standard of law’ especially towards human rights. International law influences domestic law through monism where it is automatically integrated domestically and dualist states ratify treaties and agree to abide by its terms. The opinions and decisions of the international court have long been taken into consideration by the High Court of Australia as being guiding and clarifying for Australian common law. None the less, Australia’s dualist system has encountered problems in the ratification and implementation of human rights. For this reason, this essay will examine the role of the international law in the development of the Australian legal system concentrating on the advantages and disadvantages of dualist and monist systems.
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