VCE Legal Studies Question Thread

[Darren]

Could the referendum procedure be a strength for the constitutional protection of rights? Such as in it ensures that the public can become involved and demonstrate high support for a change in the law?

[andy456]

yes

[burbs]

Did anyone post AOS 2 sacs in those 32 pages before this one? If not could someone pretty please?

[werdna]

http://vce.atarnotes.com/forum/index.php/topic,35347.msg419709.html#msg419709

[eeps]

Also, see attached.

[Tobias Funke]

I didn't really get Question 1 or Question 4?

was Question 1 just slightly unrelated to the whole scenario and just a question wanting an explanation of what the states powers are?

and Question 4 - analyse? yeah, help appreciated

[eeps]

I didn't really get Question 1 or Question 4?

was Question 1 just slightly unrelated to the whole scenario and just a question wanting an explanation of what the states powers are?

and Question 4 - analyse? yeah, help appreciated

Yeh, Question 1 is unrelated to the scenario. It's asking for the division of powers as outlined in the Commonwealth Constitution. Moreover, concurrent and residual powers. Question 4 is just weird. I think if Vera Momcilovic is successful in her case, then the Charter of Human Rights can be used to override laws, specifically drug laws in that case - it would be declared invalid. I'm not sure why it's worth 3 marks, should be less. Question 10 is also a bit weird in my opinion.

[Tobias Funke]

How would you answer the question

"why has it been necessary for the High Court to interpret the constitution?"

[burbs]

How would you answer the question

"why has it been necessary for the High Court to interpret the constitution?"

- To keep it current,
- To give the words meaning,
- To arbitrate issues arising,
- To protect the constitution.


I have a question:
I have learned the following sections, what am I missing?
S.51
(i) trade
(ii) taxation
(iii) customs and Excise made exclusive by S.90
(v) postal, telegraphic, telephonic and other like services
(vi) raising naval and military forces made exclusive by S.114
(xii) currency, coinage and legal tender made exclusive by S.115
(xxi) marriage
(xxvi) legislating regarding people of any race for the Aboriginal rights referendum
(xxix) external affairs
S.71 and 76 high court
S.92 free trade within the cth
S.99 no preference to be given
S.106, S.107, S.108 states' rights
S.109 inconsistency management!
S.116 religion restriction
S.127 indigenous rights
S.128 method of altering

I know the wording may be wrong for some of them, but yeah, anything missing?

[eeps]

Nothing that I can think of. That's as much as you would need to know for AOS 2.

[nacho]

Is it necessary to know all of those, or just needed to get bonus points?
I only remember s.106, 109, 114/s.51(vi), 115/s,51(xii), 116, 92 and s.51 (i) and (ii)

[flash36]

If you know the ones burbs has listed and no others, then you're all set.

[Liuy]

S51 (xxxvii)
-power given to Commonwealth Parliament allowing Commonwealth to enact laws on matters referred to it by the State(s)

[eeps]

Also:

- s. 117. The Commonwealth cannot discriminate against residents in a state.
- s. 75. The High Court has the power to hear and determine cases arising under any treaty.

[Tobias Funke]

Do you actually need to be able to write about them all? Especially the ones in section 51