VCE Legal Studies Question Thread

[jessicafoster]

How did it become a concurrent power? I've heard that said a couple times?

idk thats what is said in the book,

[militarisation]

idk thats what is said in the book,

How did it become a concurrent power? I've heard that said a couple times?

i dont think concurrent power is specific enough for 4 marks..

[jessicafoster]

i dont think concurrent power is specific enough for 4 marks..

what else do i have to chuck in?

[militarisation]

you might want to change your first sentence. were talking about success and initially you hit us with the negatives lol something like this maybe?

"Despite the referendums being generally an immense difficult process to impact on the division of law making powers (as stipulated under s128), there has been evident successes and impacts such as blah blah. Only 8 out of 44 referendums have succeeded..."

also touch on linking otherwise great stats.

[jessicafoster]

you might want to change your first sentence. were talking about success and initially you hit us with the negatives lol something like this maybe?

"Despite the referendums being generally an immense difficult process to impact on the division of law making powers (as stipulated under s128), there has been evident successes and impacts such as blah blah. Only 8 out of 44 referendums have succeeded..."

also touch on linking otherwise great stats.

cheers insta boy

[militarisation]

cheers insta boy

really 

[connie990]

Are rules of procedure used in VCAT?

[jessicafoster]

With the use of an illustrative example, explain how the H.C can impact on the rights protection in Aus (4 marks)

The H.C has been charged with being the guardian of the Const. It is the only court that can hear constitutional disputes as articulated under s76. It interpretation of the Const can change the meaning of words and phrases and its decision can effect rights protected.

In the case of Roach vs the Electoral Commissioner (2007), The H.C was called upon to examine amendments to the Cth Electoral Act and to determine their constitutional validity. The amendment prevented all prisoners from voting in elections (previous legislation only prevented those who were serving a sentence of over 3 years).

The H.C found that the amendment was unconstitutional and therefore void, as it was contrary to the principle of Representative Government. The court found that the Const demands that memebers of the Parliament must be chosen directly by the people (noted under s7 and 24), so that there is a right to vote in order to uphold this principle.

Thus, the decision confirmed that there is a right to vote enshrined within the structure and mechanisms of the Const, specifically Representative Government.

ummmm help?

[georgiee]

ive seen this in many of the assessment reports, can someone please explain what it means further? is it referring to the d v s lord atkin principle??

"the doctrine of precedent allows for some flexibility. The law can be expressed as a general principle (for
example, the ‘neighbour test’) allowing the courts to adapt the law to fit the circumstances before the court. "

[Jawnle]

10 MARKS: Compare the effectiveness of parliament and courts as law makers, indicating which you believe is better.

I can easily evaluate the effectiveness of parliament or the courts separately, but how would I structure my answer for this question? What points can I compare? Thanks!

[joannesbitx]

what do you guys think will be the 10 marker?

[militarisation]

what do you guys think will be the 10 marker?

hopefully some easy question lol

With the use of an illustrative example, explain how the H.C can impact on the rights protection in Aus (4 marks)

The H.C has been charged with being the guardian of the Const. It is the only court that can hear constitutional disputes as articulated under s76. It interpretation of the Const can change the meaning of words and phrases and its decision can effect rights protected.

In the case of Roach vs the Electoral Commissioner (2007), The H.C was called upon to examine amendments to the Cth Electoral Act and to determine their constitutional validity. The amendment prevented all prisoners from voting in elections (previous legislation only prevented those who were serving a sentence of over 3 years).

The H.C found that the amendment was unconstitutional and therefore void, as it was contrary to the principle of Representative Government. The court found that the Const demands that memebers of the Parliament must be chosen directly by the people (noted under s7 and 24), so that there is a right to vote in order to uphold this principle.

Thus, the decision confirmed that there is a right to vote enshrined within the structure and mechanisms of the Const, specifically Representative Government.

ummmm help?

help with? seems top notch to me

[jessicafoster]

help with? seems top notch to me

cheers cuz

[militarisation]

Why do courts sometimes have to interpret statutes?

[sarah_a]

10 MARKS: Compare the effectiveness of parliament and courts as law makers, indicating which you believe is better.

I can easily evaluate the effectiveness of parliament or the courts separately, but how would I structure my answer for this question? What points can I compare? Thanks!

One way you could go about it is by dedicating one paragraph to analysing the effectiveness of parliament as a law-maker, second paragraph for courts and then a final paragraph drawing a comparison between them. So an example could be that while parliament is responsive and flexible, and thus readily able to legislate on an area of need, courts are restricted in that they must wait for a case to come before them.
Another comparison is that while parliament may avoid legislating in areas that are highly controversial due to fear of voter backlash, judges are not elected and thus are able to make decisions without concern of public or media pressure. A similarity could be that both are time consuming and experience delays.