HSC Legal Studies Question Thread

[jamonwindeyer]

Hi there!
In relations to human rights what's an example of an international statutory authority (found under part 2, promoting and enforcing human rights)? The textbook was kinda confusing 

Thank you

It's a body that is set up by (and usually oversees compliance of) an international agreement, essentially! It's a bit of a silly name because it's not statutes they are enforcing, but that's the syllabus at times, a little silly

Easy example - The Human Rights Committee!

[martinarena_]

It's a body that is set up by (and usually oversees compliance of) an international agreement, essentially! It's a bit of a silly name because it's not statutes they are enforcing, but that's the syllabus at times, a little silly

Easy example - The Human Rights Committee!

Haha too true!
Sweet, thanks Jamon 

[LOVEPHYSICS]

I should add that a statutory authority simply means a body set up by law, and more particularly by a legislative body (in an international context, that would mainly be the states themselves, acting in relation to one another per treaty law). The 'statutory'  part merely speaks to the source of that authority, rather than about its activities. Indeed, there all kinds of statutory authorities, some are empowered to make laws and regulations; others findings and determinations etc.


 

[Tristan1]

Thanks for the help so far, it’s amazing another question has come up! What would you say are the legal and non-legal responses to arbitrary detention?

Thanks

[jamonwindeyer]

Thanks for the help so far, it’s amazing another question has come up! What would you say are the legal and non-legal responses to arbitrary detention?

Thanks

Hey! Glad we have been helpful - So I'm guessing you are still doing human rights here? Look at all things associated with the promotion/enforcement of the ICCPR, freedom from arbitrary detention is Article 9, so measures you've learnt about there will almost definitely be applicable here as well. You could also look at how it is handled domestically - Perhaps extending to the idea of the Separation of Powers and how that acts as a checks and balances system that safeguards against arbitrary detention? It's not something the syllabus explicitly would ask of you here but it could be a good link to draw if you are looking for ammunition for an essay

[emilyygeorgexx]

Hey!!

I have been doing some general essay plans for our option of 'World Order' and been flipping the plans to fit the themes and challenges.

How do you think I could flip an essay plan for "The impact of changing values and ethical standards on world order"

Thanks

[rutilantel]

Hello! I have a question, I'm not too sure if it's already been asked yet!
I'm currently studying preliminary legal studies, and the question I can't seem to understand is:
What is the difference between the division of powers and the seperation of powers?

Thanks again! Appreciate it! 

[katie,rinos]

Hello! I have a question, I'm not too sure if it's already been asked yet!
I'm currently studying preliminary legal studies, and the question I can't seem to understand is:
What is the difference between the division of powers and the seperation of powers?

Thanks again! Appreciate it! 

Hey,
These terms are both really easy to get confused with each other.

Separation of powers: Separates the powers of the state into three parts aiming to stop absolute power occurring.
The legislative - Makes the law (parliament)
The executive - Administers the law (Government)
Judicature - Interprets the law (Courts)

Division of powers: Seperates federal power and jurisdiction from the states.
Exclusive powers: The constitution sets out the jurisdictional powers of the federal parliament (s51). (E.g currency).
Residual powers: Powers that belong to the state-they aren’t mentioned in s51. (E.g transport, education.)
Concurrent powers: Where both federal and state have jurisdiction. (E.g Taxation, divorce)
The federal parliament overrules state if a conflict occurs.

Hope this helps

[emilyygeorgexx]

Hello! I have a question, I'm not too sure if it's already been asked yet!
I'm currently studying preliminary legal studies, and the question I can't seem to understand is:
What is the difference between the division of powers and the seperation of powers?

Thanks again! Appreciate it! 

Hey!

So the division of powers is the way legislative power is divided between the Australian (Commonwealth or Federal) governments and the state governments. So the Commonwealth Government has exclusive powers which are listed under Section 52 of the Constitution. The state governments have residual powers and the power held by both the state and Commonwealth government are known as concurrent powers and are defined by Section 51 of the Constitution.

However, when the state and Commonwealth government make a law about the same thing, the Commonwealth government always override. Except there are some exceptions which are found under Section 109 of the Constitution.

On the other hand, the separation of powers is how powers and responsibilities are divided among different branches. So you have the Legislature who is responsible for making statute laws. The Executive administer the laws and put them into action. Lastly, the judiciary interprets the law (make judgements). Remember that each of these branches don't exist in pure form as some people in the Legislature may also be in the Executive, etc.

If you have trouble remembering which is which, the best way I found is took the 'P' in separation of powers and I now always think of that as people (so referring to the different people involved).

Hope this helps!

[jamonwindeyer]

Hey!!

I have been doing some general essay plans for our option of 'World Order' and been flipping the plans to fit the themes and challenges.

How do you think I could flip an essay plan for "The impact of changing values and ethical standards on world order"

Thanks

Hey Emily! The answer is, with immense difficulty, ahaha this would be a rotten essay question. Personally I'd be shifting the focus to contemporary issues - For example, the idea of "Responsibility to Protect" is a 'changing value' you could link to, as it hasn't been around/prevalent for that long. Ethical standards, perhaps, could be linked to contemporary scenarios that also involve human rights issues.

Clutching at straws, because this question would suck - It doesn't suit the World Order syllabus or how it is taught, and for this reason I doubt they'd ever ask it

Would love more input here!! If you've written an essay on a question similar to this for World Order, would love to hear which syllabus aspects you tied it too

[emilyygeorgexx]

Hey Emily! The answer is, with immense difficulty, ahaha this would be a rotten essay question. Personally I'd be shifting the focus to contemporary issues - For example, the idea of "Responsibility to Protect" is a 'changing value' you could link to, as it hasn't been around/prevalent for that long. Ethical standards, perhaps, could be linked to contemporary scenarios that also involve human rights issues.

Clutching at straws, because this question would suck - It doesn't suit the World Order syllabus or how it is taught, and for this reason I doubt they'd ever ask it

Would love more input here!! If you've written an essay on a question similar to this for World Order, would love to hear which syllabus aspects you tied it too

Hey!

4 days later and I have seemed to pull an essay plan together. If you were curious I linked this to issues and events such as:
* Responsibility to Protect
* Establishment of the United Nations
* Establishment of the International Criminal Court
* Current issues in Syria
* Geneva and Hague Conventions
* Nuclear Proliferation Treaty
* Current issues in North Korea

[jamonwindeyer]

Hey!

4 days later and I have seemed to pull an essay plan together. If you were curious I linked this to issues and events such as:
* Responsibility to Protect
* Establishment of the United Nations
* Establishment of the International Criminal Court
* Current issues in Syria
* Geneva and Hague Conventions
* Nuclear Proliferation Treaty
* Current issues in North Korea

This seems like a great plan! Hope all goes well for it

[emily_p]

Hi all - a little unrelated to legal content but in terms of marks:
My half yearly legal assessment (25% weighting) just finished about 2 hours ago and I completely screwed it up , I feel terrible. It was out of 55 and I basically didn't even attempt the crime essay (15 marks, I only wrote barely one paragraph with no sources), I ran out of time and it was just such a mess because I hadn't prepared for the crime question - it was on reforms. The whole exam was out of 55 and assuming (hopefully) that I got around 35/55, I was wondering if anyone had tips on how I could bounce back. I feel like my rank has just dropped to last and I'm aiming for a 95+ atar, meaning that I'll need a band 6 or a really high band 5 for my final total mark. Is this still achievable? :/

[fantasticbeasts3]

Hi all - a little unrelated to legal content but in terms of marks:
My half yearly legal assessment (25% weighting) just finished about 2 hours ago and I completely screwed it up , I feel terrible. It was out of 55 and I basically didn't even attempt the crime essay (15 marks, I only wrote barely one paragraph with no sources), I ran out of time and it was just such a mess because I hadn't prepared for the crime question - it was on reforms. The whole exam was out of 55 and assuming (hopefully) that I got around 35/55, I was wondering if anyone had tips on how I could bounce back. I feel like my rank has just dropped to last and I'm aiming for a 95+ atar, meaning that I'll need a band 6 or a really high band 5 for my final total mark. Is this still achievable? :/

Hey! Hang in there, it's going to be okay. :-)

You can definitely bounce back :-) I remember being super disappointed after getting my marks back for my first Legal HSC assessment, but it was only motivation to work even harder! Use this experience as a learning curve for your next assessment(s), because now you'll know how to prepare better. We're all here to help on AN, so if you need anything, we're here.

All the best!

[StudyBuddyKJ]

Hello guys,

I am having a lot of trouble with writing legal essays. My marks for my previous essays have not been looking too good, and I am in need of guidance on how to structure and write them.

Also, can you please give me some tips on effective studying for my half yearlies for legal? I want to do really well in my half yearlies so I can get a chance at getting a Band 6.