The Roles Of: Common Law

Common Law

  • Rights under the common law are subject to change based on decisions taken by the parliament, and as such, are volatile. In this case, common law fails to provide absolute protection of human rights.
  • That the government is obliged to take active measures for promoting and protecting human rights, as well as refrain from inconsistent enactment of the right, as per the human right treaties is amiss in the common law.
  • Concepts relevant to the protection of the rights of children and individuals with disabilities are contained in common law in some areas. Sometimes, owing to the lack of appropriate administrative and policy settings, as well as relevant statutory provision, some cases have been found where these principles have led to the breach of human rights.

Extract from Legal Studies Stage 6 Syllabus. © 2009 Board of Studies NSW.