In this exercise we are required to investigate a claim that touts Australia's active participation Iraq as illegal. First, we will look at whether there is merit in the debate, in terms of the extent to which International resolutions influence Australian Law. Then, we will then further consider whether Australian courts are able to intervene and review our physical involvement in the conflict. The constitutive law of the United Nations is its Charter, and its …
showed first 75 words of 900 total

showed last 75 words of 900 total
…before it is enforceable; thus the commitment of troops to Iraq is a legal option. Furthermore, the decision to make such a commitment is made possible through the independent power granted to the executive via s 61 of the constitution, and the prerogative rights invested in it. For this reason, it remains outside the courts jurisdiction to intervene; as this action would compromise the separation of powers vested in the constitution, hence the issue remains un-justiciable.