VCE Legal Studies Question Thread

[meganrobyn]

Hi all,

If I come across the questions of, 'Explain two differences between the role of the Legislative Council and the role of the Legislative Assembly' in a SAC, would it be sufficient to talk about the Legislative Assembly's role to determine government and the Legislative Council's role to act as a house of review. I understand that the Legislative Assembly also reviews legislation, but not to the same extent as the Legislative Council, therefore would it be acceptable for this to be a difference in roles?

Absolutely - they don't have to be 100% different (arguably, even determining government isn't 100% different because the Senate can influence government by rejecting the budget a la 1975). Make sure you say *how* they are differences, though, because that task word requires more than just stating each role and leaving it implied that it's different.

[nm4065]

Hi All, I was just wondering if anyone had any past/practice SACS for Unit 3 Outcome 2 (constitution, High Court etc.) I'm struggling to find any practice resources.

[chasej]

Hi All, I was just wondering if anyone had any past/practice SACS for Unit 3 Outcome 2 (constitution, High Court etc.) I'm struggling to find any practice resources.

we are banned from sharing copyrighted material on these forums. have you asked your teacher?

[clarke54321]

Has everyone already had their first SAC?

[upandgo]

Has everyone already had their first SAC?

just had my second one (on changing the law) and sac 3 (constitution) is on the last day of term 

[clarke54321]

just had my second one (on changing the law) and sac 3 (constitution) is on the last day of term 

Wow, your school is very fast. Our first SAC on chapters 1 and 2 is tomorrow   

[upandgo]

Wow, your school is very fast. Our first SAC on chapters 1 and 2 is tomorrow   

yeah, our teacher generally rushes through powerpoints and then gives us practice sacs a week before the real sac, so in total he spends 2-3 weeks on a topic  best of luck with your sac! 

[meganrobyn]

yeah, our teacher generally rushes through powerpoints and then gives us practice sacs a week before the real sac, so in total he spends 2-3 weeks on a topic  best of luck with your sac! 

Then use this time to get a skeleton of your own exam topic notes down - and, once you hit the end of Unit 3 (around Week 7 Term 2), you can(should) spend time every single week revising past topics and filling out your notes with better detail and wording.

[upandgo]

Then use this time to get a skeleton of your own exam topic notes down - and, once you hit the end of Unit 3 (around Week 7 Term 2), you can(should) spend time every single week revising past topics and filling out your notes with better detail and wording.

yep i'm definitely doing that  i tend to put detail into my notes before the SAC, but will definitely add more before exam time

[nm4065]

Quick question... When states refer law making power to the Commonwealth, does this power then become exclusive or concurrent?

[clarke54321]

Quick question... When states refer law making power to the Commonwealth, does this power then become exclusive or concurrent?

Hi there,

Good question, I was stuck on the same thing.

My textbook states that this is an element of uncertainty with the referral of powers, as to whether it then becomes exclusive. Apparently these questions have not been tested in court as the need has never arisen whereby the states need to take back or change the referral of power.

I hope this helps. 

[meganrobyn]

Hi there,

Good question, I was stuck on the same thing.

My textbook states that this is an element of uncertainty with the referral of powers, as to whether it then becomes exclusive. Apparently these questions have not been tested in court as the need has never arisen whereby the states need to take back or change the referral of power.

I hope this helps. 

Haha, do you have my textbook??!! (CPAP)

Yes, that's basically it. Because of the wording of s51, and the fact that a referral comes under s51, we assume it becomes concurrent. And HCA obiter supports that. BUT it's theoretically possible that a state could pass a referral *saying* it's exclusive - what then? Who knows. Also, you can argue that, because the s109 inconsistency rule applies to referrals, they basically become exclusive in an everyday practical sense, if not a legal one.

Legally, though - probably concurrent.

[upandgo]

hey guys  quick question:

my textbook says that after the 2nd reading speech in vic parliament, the Scrutiny of Acts and Regulations committee examines the details of the bill. at federal level, would this same process be conducted by the Senate Scrutiny of Bills Committee, or the Parliamentary Joint Committee on Human Rights?

[clarke54321]

Hey guys,

In regards to the referral of powers, do all states have to agree?

[chasej]

Hey guys,

In regards to the referral of powers, do all states have to agree?

No. Each state passes a bill referring their powers separately. So Victoria may refer a power, but NSW doesn't have to. Each state controls their own powers.