Law - Sovereign Nation - Commonwealth Parliament - Senate Legal and Constitutional References Committee - Essay Writing Assessment Answer

Law - Sovereign Nation - Commonwealth Parliament - Senate Legal and Constitutional References Committee - Essay Writing Assessment Answer 

Task:

How treaties become law in Australia and to what extent do you believe it should be this way?

“The act of entering into a treaty is a free decision of Australia as a sovereign nation. This decision is made by a government that has been democratically elected by the Australian people and is accountable to them. Any action taken to change the law in order to implement the treaty must be taken by the Commonwealth Parliament, or the parliaments of the States or Territories. Hence the process of entering into and implementing treaties is democratic...” Senate Legal and Constitutional

References Committee, Trick or Treaty? Power to Make and Implement Treaties (1995). Is this an accurate statement of how treaties become law in Australia and to what extent do you believe it should be this way? Has the Commonwealth Parliament, and in particular the Joint Standing Committee on Treaties (JSCOT) been influential in shaping domestic legislation to give effect to treaties Australia has entered into? Illustrate your argument through the examination of three treaties and their implementing legislation which have been examined by JSCOT.

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