1. The Australian Constitution protects our rights by various means. Describe ‘structural protections’ and outline an example. (4 marks)
(Sorry for no structuring! Please tell me what I'd get out of 4. This question was given in class and the answers said you had to talk about Sections 7+24 and link it to representative government + how they must be voted in by the people, but I'd rather write all this than remember all the sections).
Structural protections are the mechanisms set up throughout the constitution that indirectly provides protections for human rights when dealing with Commonwealth Parliament. There are three clear examples of structural rights. One right refers to representative government, which means that the current government occupying parliament must be elected by the electorate or voters and that it must reflect the views and values of a majority, or it can be voted out of office or be forced to resign. A second right is representative government, which means that government is accountable to parliament, and are therefore accountable to the people. Ministers have a ‘chain of accountability’ and must answer questions during question timing about their government department, otherwise they can be forced to resign. A third right is the seperation of powers which ensures the judiciary, executive and legislative powers are held by separate bodies to ensure that no one body has an extreme rule over our legal system. In other words, structural protections ensure the government does not become too powerful.
- In your definition it would be good to specifically say they are created by principles established by the structure of the Constitution as a whole. Just as a slightly more specific phrase than "throughout".
- The task word 'describe' usually suggests a 2 mark allocation, while the task word 'outline' usually suggests a 1 mark allocation. Thus, the question is a little over-rewarded for the task words used. Even just for the 2 marks, though, you don't have enough description of structural protections - and it looks like it could be worth 3 marks here...
- The question only asks for one example, so unfortunately you gain no marks for the additional two (they don't even read them, as it's the *first* one that's marked, not the *best*). Just do one description and one example, and concentrate on pulling the complete four marks out of those.
- Just a small thing: try not to refer to SPs as 'rights', because they're indirect community protections rather than individually-vested rights. Best not to confuse them.
Basically, you just need more depth and less breadth. Right now, 2/4. But you apologised for your structure - and it's fine!