VCE Legal Studies Question Thread

[meganrobyn]

btw, I forgot to mention you should explain what parliament itself is and the nature of its power, (legislative power).

You think? If the question only asked to explain the roles of the houses I don't think you'd need to say what parliament is - that's not in the question. You'd just have 1-2 marks approx allocated to each specific role you described, and based on that wording you'd need to make sure you covered both houses. They haven't tended to use that kind of absolute (ie "the roles") wording on the exam much (preferring things such as "one role"), and I think it's because it's inviting disagreement as to what roles are compulsory to include and which are optional - and the SD gives no guidance on this. So I think it might be more of a SAC wording; in which case, the compulsory roles to include would be quite teacher-based. But I'd say forming government and introducing the majority of bills would be the ones for the LH, and then probably just house of review for the UH. But without exact wording of the question, mark allocation and knowing the teacher it's hard to say more.

[clarke54321]

Hi all,

In what ways does the separation of powers protect the stability of the government?

[chasej]

Hi all,

In what ways does the separation of powers protect the stability of the government?

the governor-general (in the executive) has reserve powers which can be used in times of emergency to ensure the legislative power operates effectively. for example, if the result of an election is unclear the GG can declare the last prime-minister in office to be the prime-minister until such time as the result is clear (as in the case of a hung parliament - a useful example is Gillard's last term when she didn't have a majority of seats in the lower but managed to get the greens+enough independents to [mostly] commit to voting for her in parliament) - the GG can also dismiss and dissolve parliaments if they are operating illegally. there is also a double dissolution procedure, in the constitution, which allows the governor-general to dissolve the parliament and declare an election [after a series of other processes which isn't in the vce legal studies course] if a bill cannot be passed.

the judiciary (courts) can declare laws/actions made by the legislative and executive to be unconstitutional [an important thing to note is they are not declaring laws to be immoral or bad, they are merely saying they violate the constitution] thus keeping the legislative/executive in check.

[clarke54321]

the governor-general (in the executive) has reserve powers which can be used in times of emergency to ensure the legislative power operates effectively. for example, if the result of an election is unclear the GG can declare the last prime-minister in office to be the prime-minister until such time as the result is clear (as in the case of a hung parliament - a useful example is Gillard's last term when she didn't have a majority of seats in the lower but managed to get the greens+enough independents to [mostly] commit to voting for her in parliament) - the GG can also dismiss and dissolve parliaments if they are operating illegally. there is also a double dissolution procedure, in the constitution, which allows the governor-general to dissolve the parliament and declare an election [after a series of other processes which isn't in the vce legal studies course] if a bill cannot be passed.

the judiciary (courts) can declare laws/actions made by the legislative and executive to be unconstitutional [an important thing to note is they are not declaring laws to be immoral or bad, they are merely saying they violate the constitution] thus keeping the legislative/executive in check.

Great! Thanks very much.

[yermum]

Hi few questions
-why/why isn't parliament the supreme law making body?
-governor VS governor-general (their roles, royal assent)?
-separation of powers. Why are legislative and executive linked and judiciary separate from them?
-why aren't laws made my the courts? Advantages and limitations courts making law.
-why do laws need to change?
- what are the strengths and weaknesses of parliament as a law making body?

thank youuu!

[chasej]

Hi few questions
1. why/why isn't parliament the supreme law making body?
2. governor VS governor-general (their roles, royal assent)?
3. separation of powers. Why are legislative and executive linked and judiciary separate from them?
4. why aren't laws made my the courts? Advantages and limitations courts making law.
5. why do laws need to change?
6. what are the strengths and weaknesses of parliament as a law making body?

1. Parliament is the supreme law making body as it has the power to make, amend or cancel laws in areas within its powers as it wishes and is not bound by any previous parliament's laws (concept of parliamentary sovereignty). No court may cancel the laws of parliaments unless they are made outside of parliament's powers (unconstitutional).

2. Governor is in the state's executive. GG is the in the federal executive. Governor-generals can withhold royal assent (stopping a bill from becoming law) in certain circumstances whereas Governors cannot withhold royal assent anymore. From then on both retain similar roles in ensuring parliament and government operates in their respective levels.

3. I have explained this recently. If you look up in this thread you would see my response to a separation of powers question a page or two up.

4. Courts are bound by parliament, unless parliament's law is unconstitutional and even then courts can only abrogate the part of the law which violates the constitution, and uphold the rest. Courts are not democratically elected and their primary role is too interpret and apply the law made by parliament, not make the law itself. Courts have made some laws, that is the common law, made by courts, however courts do not possess the same research tools and democratic responsiveness as parliament and thus courts are usually unwilling to make 'common law' today, or even change previous common law. Today most laws are changed and made using acts of parliament. (there is more to be said on this topic but I can't explain it all here in one post)..

5. Technological changes, protection of the community, change in community values, law becomes unacceptable in light of changing times/circumstances and many more reasons. It's all listed in the text with good examples.

6. This is a very broad question, I suggest you read the textbook and come back if you have any more specific questions on the content. We can't just give it all to you on here because there are so many things to say.

Many of the questions you asked have also been answered before so if you use the search feature you could find a lot more responses/information on these questions.

[meganrobyn]

Hi few questions
-why/why isn't parliament the supreme law making body?
-governor VS governor-general (their roles, royal assent)?
-separation of powers. Why are legislative and executive linked and judiciary separate from them?
-why aren't laws made my the courts? Advantages and limitations courts making law.
-why do laws need to change?
- what are the strengths and weaknesses of parliament as a law making body?

thank youuu!

I'm sorry that this is a bit blunt, but it sounds like you're asking someone else to do your holiday homework for you. That doesn't help your own understanding, or your performance at the end of the year. The only thing that benefits you in the long run (and is respectful for other users of AN) is to do the work yourself, then ask for feedback or help. Every minute of that work is taking a step forward.

[clarke54321]

I'm just wondering what would be defined as 'recent' in regards to recent changes in the law.

Thanks in advance 

[Alter]

I'm just wondering what would be defined as 'recent' in regards to recent changes in the law.

Thanks in advance 

Hi clarke.

In all of the examiner's reports and the study design it refers to students having a knowledge of 'recent' events, etc. However, this is never strictly defined by VCAA anywhere. However, according to Jules Aldous (textbook author and teacher) in her Herald Sun article, it is recommended that this is to be interpreted as "having taken place in the last few years". She came to this conclusion from an examiner's report referring to 'changes in the legal system' being loosely defined as this.

Aim for events/legislation/cases that have been introduced beyond 2015 to give yourself the best chance of wowing the examiner. In my end of year Legal exam I referred to Jacqui Lambie's antics in the senate because it was very topical and in the media at the time of the exam when I was evaluating parliament as a law-making body. You can do Google news searches to try and find examples that exist in 2016, and I'd recommend finding examples that you can use for more than one subject so that you don't have to cram as much into your memory.

Unfortunately there is no definitive answer. However, as a general rule, if you have two identically strong examples but one is more recent than the other, go for that one.

[clarke54321]

Hi clarke.

In all of the examiner's reports and the study design it refers to students having a knowledge of 'recent' events, etc. However, this is never strictly defined by VCAA anywhere. However, according to Jules Aldous (textbook author and teacher) in her Herald Sun article, it is recommended that this is to be interpreted as "having taken place in the last few years". She came to this conclusion from an examiner's report referring to 'changes in the legal system' being loosely defined as this.

Aim for events/legislation/cases that have been introduced beyond 2015 to give yourself the best chance of wowing the examiner. In my end of year Legal exam I referred to Jacqui Lambie's antics in the senate because it was very topical and in the media at the time of the exam when I was evaluating parliament as a law-making body. You can do Google news searches to try and find examples that exist in 2016, and I'd recommend finding examples that you can use for more than one subject so that you don't have to cram as much into your memory.

Unfortunately there is no definitive answer. However, as a general rule, if you have two identically strong examples but one is more recent than the other, go for that one.

Great, thanks Alter! 

[meganrobyn]

I'm just wondering what would be defined as 'recent' in regards to recent changes in the law.

Thanks in advance 

Hey - the SD doesn't say, but the Advice to Teachers and prior Assessment Reports do give an answer: within five years (dated from the previous exam). So, this year, 2011 onwards.

[clarke54321]

Hi All,

I just have some quick questions:

1. Do I need to know all the types of Bills that are introduced into Parliament?

2. In regards to the really specific, complicated roles of the Scrutiny of Acts and Regulations Committee and the Senate Standing Committee for the Scrutiny of Bills; are these necessary to know? Or do I just need to know the general roles in some detail (not to the extent listed in the book)?

Thanks in advance 

[meganrobyn]

Hi All,

I just have some quick questions:

1. Do I need to know all the types of Bills that are introduced into Parliament?

2. In regards to the really specific, complicated roles of the Scrutiny of Acts and Regulations Committee and the Senate Standing Committee for the Scrutiny of Bills; are these necessary to know? Or do I just need to know the general roles in some detail (not to the extent listed in the book)?

Thanks in advance 

None of this is required by the SD, or by previous exams. But your teacher may have a different opinion for SACs, and you might want some of this detail in one of your answers on parliament.

[clarke54321]

None of this is required by the SD, or by previous exams. But your teacher may have a different opinion for SACs, and you might want some of this detail in one of your answers on parliament.

Thanks for the clarification! 

[upandgo]

hey guys! sorry if this comes off as a dumb question but:

i know one main function of parliament is to 'provide popular representation and debate', but what does that mean exactly?