QCE Legal StudiesPractice Examination 18

This paper covers

• Nature and sources of human rights — three generations, UDHR 1948, ICCPR 1966, ICESCR 1966
• Emerging right to a clean/healthy environment as a third-generation right and its justiciability
• Australia's international obligations under ICESCR Article 12, ICCPR Article 6 and the Stockholm/Rio Declarations
• International enforcement mechanisms — UN treaty bodies, Special Rapporteurs, ICJ limitations, non-binding nature of UDHR
• Australian constitutional protections and their limits in relation to environmental harm
• Federal anti-discrimination legislation — indirect discrimination under the Disability Discrimination Act 1992 and climate-linked harm
• Queensland Anti-Discrimination Act 1991 and access to justice in environmental human rights claims
• Law reform — forces for reform, law reform commissions, criteria for evaluating reform (justice, equity, consistency, accessibility)
• Separation of powers, parliamentary sovereignty and judicial review in the context of environmental legislation
• Human Rights Act 2019 (Qld) as a domestic human rights instrument and its relationship to a right to a clean environment

Students are permitted to bring into the examination the materials normally allowed for this subject. Answer all questions in the spaces provided.

This is an ATARMAxxing practice paper. It is not an official examination and is not affiliated with, endorsed by, or produced by the VCAA, NESA or the QCAA.