VCE Legal Studies Exam Discussion and Questions

[TRA0023]

Actually 4 out of 8 referendums related to the division of powers! As long as you used an example for the High Court I think you'll be right, even then High Court interpretation has probably had more impact on the division of powers than referendum

Hmmm, would love to see how they mark that question. I think they will either accept all three (HC interpretation, referral & referendum) or be extremely picky.

In regards to Franklin Dam Case, I was under the impression that it merely extended the scope of "external affairs" and allowed the Cmmth to involve themselves in areas of residual, I did not know that there was a change from residual to concurrent?

[ethanh_11]

Hmmm, would love to see how they mark that question. I think they will either accept all three (HC interpretation, referral & referendum) or be extremely picky.

In regards to Franklin Dam Case, I was under the impression that it merely extended the scope of "external affairs" and allowed the Cmmth to involve themselves in areas of residual, I did not know that there was a change from residual to concurrent?

It expanded the area of environment into concurrent powers.

[Ameliajanem]

what were the 3 errors everyone found?

That the Supreme Court interpreted the Constitution, that the Supreme Court used conciliation and that Victorian law superceded Commonwealth law.

[TRA0023]

It expanded the area of environment into concurrent powers.

But only if its under external affairs.

[Ameliajanem]

Hi all,

Firstly, congratulations on finishing Legal!! I hope you all found the exam bearable!

I just wanted to let you all know that once I get a copy of the exam, I plan on going through this thread and responding to as many questions/concerns as I can (hopefully within the next 24 hours). In the meantime, keep helping one another and try not to stress too much!

I think bearable is the best way to describe it!

[Emily_Mae78]

I said High Court interpretation because:
- referral of powers does not relate to concurrent powers
- referendums are usually in relation to rights and not the division of powers
- High Court interpretation is valid
idk though I guess referendums could work

Referral of powers turns a residual power into a concurrent one! Any of constitutional interpretation, referral or powers, or referendum are correct

[Tegs86]

Both HCI and referrenda are listed as methods of affecting the DOP, so I'd assume they'd both be excepted, still a tad confused by state referrals

All three methods of changing the division of law making powers are valid answers.
- High Court Interpretation can take what has previously been thought to be a residual power and change it to a concurrent power. See Brislan for a great example of wireless radio moving from residual to concurrent.
- Referendums, also can change residual to concurrent. See the 1967 referendum whereby the power to make laws regarding Aboriginal people was residual and also a restriction on the Commonwealth until the referendum removed the restriction allowing the Commonwealth to move it this area (states were not excluded) thus a concurrent power.
- Referral of powers can be argued to change a residual power to concurrent. It is correct to say the power is given to the Commonwealth but as yet we are unsure if this makes the power exclusive or concurrent. I would argue it is concurrent. However, until a test case occurs whereby there is an inconsistency in an area of referred power we just don't know what the actual affect of referral is. So that is also an acceptable answer.
I believe the assessors will take all three as acceptable.

[m.bruce1999]

What points do you guys make in the 10 mark question? The question really confused me and I wasn't sure how to answer it.

[cer0010]

What points do you guys make in the 10 mark question? The question really confused me and I wasn't sure how to answer it.

Parliament I said elected, pressures, VLRC, Arena for debate, rubber stamp, petitions
Access I said courts for criminal cases, high costs, use of Vcat, costs+ language barriars. then legal aid and Koori Court.
Found it so difficult to structure though.

[kurtmclkv]

What points do you guys make in the 10 mark question? The question really confused me and I wasn't sure how to answer it.

I had 4 paragraphs:
- one on how the victorian parliament is elected and not representative of all people
- one on the costs associated with going to court/VCAT and therefore restricted access to some
- one on the difficulty of distance in accessing the legal system
-one on people's legal knowledge affecting their access to the legal system

[Ameliajanem]

What points do you guys make in the 10 mark question? The question really confused me and I wasn't sure how to answer it.

One paragraph on parliament's representation, including points about bicameralism, elections, committee submissions, voter backlash and party politics.
Two paragraphs on difficulties accessing the legal system and reforms in these areas to improve access - Indigenous Australians and the Koori Court, costs and Legal aid, and delays and the Jury Directions Act

[ooft]

I said High Court interpretation because:
- referral of powers does not relate to concurrent powers
- referendums are usually in relation to rights and not the division of powers
- High Court interpretation is valid
idk though I guess referendums could work

It isn't necessarily true that referral of powers don't relate to concurrent powers as no one really knows. VCAA can't expect us to know more than the High Court about whether referral of powers are concurrent or exclusive, surely.

[Ameliajanem]

It isn't necessarily true that referral of powers don't relate to concurrent powers as no one really knows. VCAA can't expect us to know more than the High Court about whether referral of powers are concurrent or exclusive, surely.

That's very true, although there is the possibility that VCAA may take a really hard line and say since there's uncertainty, it doesn't make powers concurrent - you would hope they wouldn't since it was a weird question (imo) but we will have to wait and see for the examiners report!