VCE Legal Studies Question Thread

[thaaanyan]

Thank you meganrobyn for the feedback!!! i tried to incorporate it by using the examples more and trying to stress difference, i'm not sure i got it right though. if anyone has time to look at  this and give any constructive crit. i'd be super greatful!!!

Distinguish between representative and responsible government. (3 marks)

Representative government refers to an elected government that characterizes the views of the majority of people.Responsible government in contrast, refers to a government which is accountable to the parliament, and therefore is answerable to the people, for its actions. Where representative government ensures that current legislation created by Parliament is in accord to community views and values, responsible government enshrines the idea of enforceability - if Parliament creates legislation which is not reflective of the people's needs, they are likely to be voted out of office and therefore be held accountable for their actions. Representative government can thus be seen in the very system of voting, as the government is made to consist of elected members of parliament who are chosen by the people, whereas responsible government is clear in the idea of ministerial accountability, as ministers are responsible for their portfolios and can be called on in Parliament to explain their actions.
((Thus while both the principles of representative and responsible government are intrinsically interwoven within the nature and structure of Australia's democratic system, there are innate differences between the two ideals.))
do i need this last sentence??? will i lose marks if i don't have it??? was this better??

[meganrobyn]

Thank you meganrobyn for the feedback!!! i tried to incorporate it by using the examples more and trying to stress difference, i'm not sure i got it right though. if anyone has time to look at  this and give any constructive crit. i'd be super greatful!!!

Distinguish between representative and responsible government. (3 marks)

Representative government refers to an elected government that characterizes the views of the majority of people.Responsible government in contrast, refers to a government which is accountable to the parliament, and therefore is answerable to the people, for its actions. Where representative government ensures that current legislation created by Parliament is in accord to community views and values, responsible government enshrines the idea of enforceability - if Parliament creates legislation which is not reflective of the people's needs, they are likely to be voted out of office and therefore be held accountable for their actions. Representative government can thus be seen in the very system of voting, as the government is made to consist of elected members of parliament who are chosen by the people, whereas responsible government is clear in the idea of ministerial accountability, as ministers are responsible for their portfolios and can be called on in Parliament to explain their actions.
((Thus while both the principles of representative and responsible government are intrinsically interwoven within the nature and structure of Australia's democratic system, there are innate differences between the two ideals.))
do i need this last sentence??? will i lose marks if i don't have it??? was this better??

I think that's much better And, no, you don't need that last sentence! It doesn't provide any more information, and you don't need 'senses of closure' in Legal Studies.

I especially like the third sentence; after the dash, in particular, you explicitly draw the two together, which is what is usually lacking from distinguish/compare/etc questions. Doing that shows you actually understand how the two work and can analyse points of comparison and difference, and that you haven't just learnt two definitions and put 'however' in the middle

Other points you may wish to consider include the fact that responsible government is concentrated mainly on the executive arm, as they need to be held accountable between elections (and even elections are no better than *indirect* mechanisms on the executive, given it's the *legislature* that is being elected first and foremost), whereas representative government is the election of the parliament and is therefore concentrated mainly on the legislative arm. Also, that representative government is more about putting representatives into power, whereas responsible government is about scrutinising them once they're there and possibly removing them from power.

Similarities (not required in this question) would then be things such as elections - putting reps in for representative government and holding government and law-makers accountable in responsible government; both provide structural protection of rights; and others I'm too lazy to think of right now!

You can always get yourself warmed up with the definitions when you're doing a compare/distinguish/etc, but that's not the part that answers the task word, because it doesn't show understanding. So your goal is really to use the task word to show you understand how things work.

[thaaanyan]

I think that's much better And, no, you don't need that last sentence! It doesn't provide any more information, and you don't need 'senses of closure' in Legal Studies.

I especially like the third sentence; after the dash, in particular, you explicitly draw the two together, which is what is usually lacking from distinguish/compare/etc questions. Doing that shows you actually understand how the two work and can analyse points of comparison and difference, and that you haven't just learnt two definitions and put 'however' in the middle

Other points you may wish to consider include the fact that responsible government is concentrated mainly on the executive arm, as they need to be held accountable between elections (and even elections are no better than *indirect* mechanisms on the executive, given it's the *legislature* that is being elected first and foremost), whereas representative government is the election of the parliament and is therefore concentrated mainly on the legislative arm. Also, that representative government is more about putting representatives into power, whereas responsible government is about scrutinising them once they're there and possibly removing them from power.

Similarities (not required in this question) would then be things such as elections - putting reps in for representative government and holding government and law-makers accountable in responsible government; both provide structural protection of rights; and others I'm too lazy to think of right now!

You can always get yourself warmed up with the definitions when you're doing a compare/distinguish/etc, but that's not the part that answers the task word, because it doesn't show understanding. So your goal is really to use the task word to show you understand how things work.

Thank you so so much! I think I understand now

[thaaanyan]

Hi!
Since I was having trouble with the task word in "distinguishing" type questions i thought to try another one out: probably not what anyone will ask, but oh well! If anyone could look over  this and see if what i'm saying is right, that'd be wonderful!! Thankyou very much.

Distinguish between the structures of Parliament and government. (2 marks)

Parliament is the supreme lawmaking body within its jurisdiction, consisting of all democratically elected members of both houses as well as the Crown's representative. Government, in contrast, is formed by the political party that achieves the largest number of voted members into the lower house. Thus the structures of Parliament and government have different functions; where government initiates laws, Parliament is  the body which creates them. Furthermore where government acts to represent the views and values of the people through democratically elected mean, the institution of Parliament serves to hold the government accountable to the people. This is seen, for example, through question time as ministers are question time, where ministers face queries of the portfolios and the decisions they have made by other members of Parliament.

[Alter]

@thaaanyan: That is an extremely odd question and I don't think VCAA would ever/have ever asked it before. Parliament and government are two separate ideas- one is a law-making body and the other is a political party. The way you've worded it seems overall correct. It's good that you're adding evidence to your responses to ensure marks, but I'm curious as to where you got this question from.

[thaaanyan]

@thaaanyan: That is an extremely odd question and I don't think VCAA would ever/have ever asked it before. Parliament and government are two separate ideas- one is a law-making body and the other is a political party. The way your worded it seems overall correct. It's good that you're adding evidence to your responses to ensure marks, but I'm curious as to where you got this question from.

yeah, i agree i highly doubt it's likely anyone is gonna ask this. particularly since government operates within the Parliamentary structure. I just wanted to try a "distinguishing" type q. and my teacher made this up....it doesn't really make much sense but thanks for the feedback! glad i have the structure and stuff down!

[meganrobyn]

I probably wouldn't say that a difference between parliament and government is that government represents the views of the people and is democratically elected - this is a more accurate statement in relation to parliament than the government!

But, if you're looking for more compare/distinguish questions within the realm of content you've done so far...

Differentiate between the roles played by the Senate and the House of Representatives in federal parliament. (5 marks)

Compare the purpose of the second reading with the purpose of the committee stage in the passage of a bill through parliament. (3 marks)

Compare and contrast the effectiveness of the VLRC with methods used by individuals and groups in influencing parliament to change the law. (7 marks)

Differentiate between exclusive powers and concurrent powers. (2 marks)

Distinguish between residual powers and specific powers, as laid out by the Commonwealth Constitution. Use examples to illustrate your answer. (4 marks)

Compare the methods of referendum, High Court interpretation and the referral of power in terms of their ability to alter the balance of legislative power between Commonwealth and state parliaments. (8 marks)

[thaaanyan]

I probably wouldn't say that a difference between parliament and government is that government represents the views of the people and is democratically elected - this is a more accurate statement in relation to parliament than the government!

Thankyou for the extra questions and the help! I think i got that bit wrong but i went back and checked my summary sheets and under functions of Parliament it had "acts as a forum for popular representation." but then apart from saying they have different functions i'm not really sure how to differentiate them.

[lisax3]

Do we need to know how to evaluate referral of powers and cases involving referral of powers?

[meganrobyn]

Do we need to know how to evaluate referral of powers and cases involving referral of powers?

You need to be able to evaluate EVERYTHING - it's a key skill.

No full case studies required in the SD, but I always recommend having one or two examples (note: difference between a case study and an example is 2-5 marks versus 1 mark).

[thaaanyan]

Hi!
I was just wondering if anyone could clarify for me, do we also need to know positive factors aiding the possible success of a referendum as well as limiting factors??
and if we do are they supposed to be separate positive factors
or like, part of the two handed approach; like for example the double majority provision can both limit the success of a referendum as it is difficult to get the majority of states to agree to the provision, but at the same time ensures that the possible referendum is acceptable to both the people and the interests of the States as more populous states cannot dominate less populated states...
is this right? or is it just limitations, and should i be saying this stuff in my evaluation of the referendum process. thank you very much guys, im just a bit confused with study design/what teacher is saying.

[M_BONG]

Hi!
I was just wondering if anyone could clarify for me, do we also need to know positive factors aiding the possible success of a referendum as well as limiting factors??
and if we do are they supposed to be separate positive factors
or like, part of the two handed approach; like for example the double majority provision can both limit the success of a referendum as it is difficult to get the majority of states to agree to the provision, but at the same time ensures that the possible referendum is acceptable to both the people and the interests of the States as more populous states cannot dominate less populated states...
is this right? or is it just limitations, and should i be saying this stuff in my evaluation of the referendum process. thank you very much guys, im just a bit confused with study design/what teacher is saying.

Not so sure what this question is asking. But yes you do need to know why reasons why referendums might fail and why they might succeed.

As to the second part - which I take to mean "do the reasons have to be corresponding" - it depends on the taskword. Critically evaluate generally means the reasons/points have to correspond whereas evaluate means they don't have to.

I always made them corresponding for the sake of making the whole response flow better.

Did the Brislan case have any impact on state powers? I read in one book, that the Brislan case had no effect on state powers, but in another book I read that it decreased state powers as the Commonwealth moved into the law making area that was residual power, and any state laws could not be inconsistent or S109 would apply.

Yes it did reduce the states' power.

Why?
Well before the High Court interpretation, it was only the states' ability (residual) to exercise that power, right? Commonwealth couldn't interfere.

But after that High Court case, both the state and Commonwealth could exercise that power (concurrent). s109 applied and that means the Commonwealth can override the state so basically there's more competition for that one power. It reduces the states' power in that narrow sense.

[Aatif]

Explain, using examples, the distinction between the exclusive powers of the Commonwealth, the concurrent powers of the Commonwealth and the states, and the residual powers of the states. (6 marks)

Could someone have a look at my answer and see if I missed anything?

Both concurrent and exclusive powers are considered to be specific powers, which are powers that are referred to in the Constitution. Specific powers are specifically listed in the Constitution and are given to the Commonwealth Parliament; these mainly appear in S51 and are numbered, hence they are also referred to as enumerated powers.

Exclusive powers are those powers in the Constitution that belong solely to the Commonwealth. The exclusive powers are listed in Section 51 of the Commonwealth of Australia Constitution Act 1900 and include power over “currency, coinage and legal tender” (S51xii.)These powers are made exclusive by another section of the Constitution. For example, Section 115 states that States shall not coin money, hence making it an exclusive power.

Exclusive powers are different to Concurrent powers, which are those powers in the Constitution that may be exercised concurrently (at the same time) by the Commonwealth Parliament and one or more state parliaments (i.e the state and Commonwealth Parliaments share jurisdiction) , whereas exclusive powers are exclusive to the Commonwealth Parliament. For example, the power to make laws in relation to taxation is given to the Commonwealth Parliament (S51ii) , but state parliaments can also levy taxes. Commonwealth taxes include income tax and GST (goods and services tax). State taxes include stamp duty and payroll tax.

Residual powers are distinct from both concurrent and exclusive powers as they are not specifically listed in the Constitution. Residual powers are those law-making powers that belong to the states; these powers were not given to the Commonwealth at federation but were left with the states. The Constitution protects the continuing power of the states. Each state has its own constitution setting out guidelines for its law-making powers. Areas of law-making such as criminal law, education and public transport are not mentioned in the Constitution and are therefore areas of residual power.

[M_BONG]

Explain, using examples, the distinction between the exclusive powers of the Commonwealth, the concurrent powers of the Commonwealth and the states, and the residual powers of the states. (6 marks)

Could someone have a look at my answer and see if I missed anything?

Both concurrent and exclusive powers are considered to be specific powers, which are powers that are referred to in the Constitution. Specific powers are specifically listed in the Constitution and are given to the Commonwealth Parliament; these mainly appear in S51 and are numbered, hence they are also referred to as enumerated powers.

Exclusive powers are those powers in the Constitution that belong solely to the Commonwealth. The exclusive powers are listed in Section 51 of the Commonwealth of Australia Constitution Act 1900 and include power over “currency, coinage and legal tender” (S51xii.)These powers are made exclusive by another section of the Constitution. For example, Section 115 states that States shall not coin money, hence making it an exclusive power.

Exclusive powers are different to Concurrent powers, which are those powers in the Constitution that may be exercised concurrently (at the same time) by the Commonwealth Parliament and one or more state parliaments (i.e the state and Commonwealth Parliaments share jurisdiction) , whereas exclusive powers are exclusive to the Commonwealth Parliament. For example, the power to make laws in relation to taxation is given to the Commonwealth Parliament (S51ii) , but state parliaments can also levy taxes. Commonwealth taxes include income tax and GST (goods and services tax). State taxes include stamp duty and payroll tax.

Residual powers are distinct from both concurrent and exclusive powers as they are not specifically listed in the Constitution. Residual powers are those law-making powers that belong to the states; these powers were not given to the Commonwealth at federation but were left with the states. The Constitution protects the continuing power of the states. Each state has its own constitution setting out guidelines for its law-making powers. Areas of law-making such as criminal law, education and public transport are not mentioned in the Constitution and are therefore areas of residual power.

Ok, I will be nit-picky - because what better thing to do at 12:42 LOL

1. I think you should explain how exclusive powers operate.

You should make it clear that a power is assumed to be concurrent unless a specific section forbids the state from exercising, and hence make it an exclusive power. You kind of say this but it's not very clear.

2. Concurrent powers are not powers shared at the same time necessarily. They are powers shared between State and Commonwealth - that is, they both have power to use it and they don't have to both use it at the same time. Also, always mention and explain s109 when talking about concurrent powers.

3. Make it clear that the Commonwealth cannot exercise residual power. You say this by saying "residual powers are powers left to the state" but make it specific by spelling out it's only exercisable by state.

I also think your answer has a lot of unnecessary detail - such as "Commonwealth of Australia Constitution Act 1900"
and "the Constitution protects the continuing power of the states. Each state has its own constitution setting out guidelines for its law-making powers" etc.

Just be wise about how you spend every word; try to make everything to the point. Also, section numbers aren't necessary.

[Aatif]

Thanks for your feedback Zezima, it really helped.

How would the marks be allocated for a question like this?