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Author Topic: VCE Legal Studies Question Thread  (Read 596639 times)  Share 

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eeps

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Re: VCE Legal Studies Question Thread
« Reply #255 on: January 19, 2011, 10:23:03 pm »
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So any power that is not listed in the constitution automatically becomes a power of the states. One such area is criminal law. If the states want to, they can give up these powers and give them to federal parliament. This is what the referring of power is.

It's rare that this happens, I mean, who wants to willing give away their power? But it did happen sometime in the past decade. You see Federal Parliament deals with the break up of relationships but de facto relationships were a power of the state. To make it easier the states gave up this power to the commonwealth so that the break up of all marriage/relationships could be dealt with together in the one place.

That's what I was thinking, "who wants to willing give away their power?". Is that as much as you would need to say for this point? Just give an example that shows a state giving up a power to the Commonwealth?

saaaaaam

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Re: VCE Legal Studies Question Thread
« Reply #256 on: January 19, 2011, 11:26:32 pm »
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So any power that is not listed in the constitution automatically becomes a power of the states. One such area is criminal law. If the states want to, they can give up these powers and give them to federal parliament. This is what the referring of power is.

It's rare that this happens, I mean, who wants to willing give away their power? But it did happen sometime in the past decade. You see Federal Parliament deals with the break up of relationships but de facto relationships were a power of the state. To make it easier the states gave up this power to the commonwealth so that the break up of all marriage/relationships could be dealt with together in the one place.

That's what I was thinking, "who wants to willing give away their power?". Is that as much as you would need to say for this point? Just give an example that shows a state giving up a power to the Commonwealth?

I really should have done this before I answered the first time but anyway. I searched through my computer files to find my personal notes from the year. This is what I had on referred powers. You would never need to write more than this.


Referral of Power
•   S.51 of the constitution gives the commonwealth parliament power to make laws on powers referred to it by state parliaments
•   States have given power in relation to the break up of de facto relationships
•   Parliament previously had the power to legislate on marriage and divorce, but de facto relationships remained a residual power
•   Referred the powers so that de facto relationships could be resolved in the Family Court, which was a federal court

However if you ever have a big question about changing the constitutional powers it would be easier to answer with referendum and/or high court interpretation. Just because there's more to say about them.
« Last Edit: January 19, 2011, 11:28:49 pm by saaaaaam »
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andy456

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Re: VCE Legal Studies Question Thread
« Reply #257 on: January 19, 2011, 11:33:46 pm »
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referral of power can also be a good thing though... Sometimes it makes sense to give up your power to someone else... As i recall terrorism was not mentioned in the constitution and when the issue arose the power was with the states.... They all saw it as right to refer the power to the commonwealth and rightly so... It makes more sense for major issues to be dealt with nation wide..
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #258 on: January 20, 2011, 09:43:37 am »
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Thanks for the help saaaaaam and andy456.

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Re: VCE Legal Studies Question Thread
« Reply #259 on: January 20, 2011, 07:15:34 pm »
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Another question;

What happens in a triple majority as opposed to a double majority, in reference to a referendum?

We touched on it in Units 1/2, but I can't seem to remember how it works; I do know what a double majority is.

Thanks!

saaaaaam

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Re: VCE Legal Studies Question Thread
« Reply #260 on: January 20, 2011, 08:02:23 pm »
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Another question;

What happens in a triple majority as opposed to a double majority, in reference to a referendum?

We touched on it in Units 1/2, but I can't seem to remember how it works; I do know what a double majority is.

Thanks!

That sparked my curiousity, just because I've never heard of it before. This is what wikipedia has to say:

Quote from: wikipedia
In order to pass a referendum, the bill must ordinarily achieve a double majority: a majority of those voting throughout the country, as well as separate majorities in each of a majority of states (4 of 6). In certain circumstances, where any state or states are affected by a referendum then a majority of voters in those states must also agree to the change. This is often referred to as the "triple majority" rule.

But maybe get this double checked, just because it's wikipedia and not trust worthy and all.
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #261 on: January 20, 2011, 09:51:24 pm »
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Ah, right. I shall. Can I assume I don't need to know it, since you did Legal Studies last year and didn't come across it? Do I just need to know what a double majority is? I don't think that aspect of the course; referendum, has changed from the previous design.

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Re: VCE Legal Studies Question Thread
« Reply #262 on: January 20, 2011, 10:37:08 pm »
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Yeah just know about the double majority provision, the process the referendum has to go through, reasons why they are generally unsuccessful and have a few examples up your sleeve.
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #263 on: January 21, 2011, 10:58:47 am »
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Another question;

What does "bipartisan support" mean in relation to a referendum?

Is that like both houses of parliament/major political parties support or something?

Cheers!

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Re: VCE Legal Studies Question Thread
« Reply #264 on: January 21, 2011, 11:06:56 am »
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Another question;

What does "bipartisan support" mean in relation to a referendum?

Is that like both houses of parliament/major political parties support or something?

Cheers!

Yes, the two major political parties.
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nacho

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Re: VCE Legal Studies Question Thread
« Reply #265 on: January 21, 2011, 11:33:58 am »
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Hey, what chapters are you guys up to?
Anyone using study guides already?
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Tobias Funke

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Re: VCE Legal Studies Question Thread
« Reply #266 on: January 21, 2011, 11:35:48 am »
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I've read and noted the first few pages
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #267 on: January 21, 2011, 11:39:49 am »
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Chapter 5, which is the Constitution. It's the second last chapter in Unit 3. I've made notes and answered textbook questions, nothing more than that. I haven't used any study guides yet, I'm preparing for my first SAC which is quite early comparatively (late Feb); so I may use it then. I'm finishing off Unit 3 now, since I'll have my mid-year exam (Chemistry) which I'll focus on mainly in Semester 1.

nacho

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Re: VCE Legal Studies Question Thread
« Reply #268 on: January 21, 2011, 11:59:38 am »
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Oh I see... I'm finding it a little difficult to take down precise notes? The key knowledge dot points are there, but the way the information is structured does not hint at how I should take my notes. For my subject last year, I could literally write down key knowledge dot points, and the information I needed was under the specific heading.

Question:
Learning Activity 1.1
A) what is the Westminster System?
B) in what way is the australian parliamentary system a constitutional monarchy?
« Last Edit: January 21, 2011, 12:48:42 pm by nacho »
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #269 on: January 21, 2011, 12:55:46 pm »
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Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.

Quote
B) in what way is the australian parliamentary system a constitutional monarchy?

We have a governor-general/governor, which represents the Queen. I think that's right.