my year 7 maths teacher got arrested for child porn

[brendan]

LOL.
Yes but I think its just the choice of word which is creating the problem. How would you describe the executive arm then if you don't agree with vcaa?

It's like asking what is the role of law enforcement. answer of course being that they enforce the law. The executive arm of government executes the will of the Parliament. I could just use a synonym for execute and say that the executive arm of government carries through the will of the Parliament. You could replace "the will of the Parliament" with "the instructions given by Parliament" or "the laws passed by the Legislature". Doesn't make much of a difference.

[costargh]

Does it really matter? It's just a word. We both know what we're trying to say

[brendan]

No wait, your textbook talks about something different: 'judicial power' - in that case, the judiciary has the power to administer the law, and instruct the executive to enforce the Court's application of the law.

[costargh]

Here is an exert of the 2006 Legal Studies Assessment Report

Question 5
Marks
0
1
2
Average
%
23
33
44
1.2
Some students confused the ?separation? of power with the ?division? of constitutional powers. This is a perennial problem and teachers should work to develop students? ability to read examination questions under pressure and categorise the material appropriately. The following is a good answer.


The separation of power refers to the three arms of government ? the executive (administers the law), the legislature (makes the law) and the judiciary (interprets the law) ? being kept independent from each other. This independence ensures that a system of checks and balances exists so that no one body can hold absolute power or abuse its power. This ensures stability within a democracy.



Now that is what I have been taught and what is being taught throughout Victoria.

[brendan]

well who you gonna trust? High Court Justice John Dyson Heydon, or the VCAA?

[costargh]

I think in practice they both intend to mean the same thing although I don't think High Court Justice John Dyson Heydon actually chose the right word in his statement.

Like I said earlier. Its just the word which is ambiguous but we know what is being implied.

Don't try and convince me otherwise because I have my Legal exam in 4 days and I dont want to lose marks because you tried to convince me that the judiciary administers the law. I would not get a mark for that.

[brendan]

LOL

[costargh]

[brendan]

u sure u dont want to change ur mind =P

[brendan]

Marshall CJ in Marbury v Madison (1803) 5 US 87 at 111 said, "t is, emphatically, the province and duty of the judicial department, to say what the law is"

you can't go wrong with that classic case in the exam

[costargh]

We agree with the notion that courts interpret enforce and apply the law. That is what is important. The difference is that I use the word that is reflected across most VCE text books which is 'enforce' the law while you prefer the word 'administer'.

[brendan]

'enforce' the law while you prefer the word 'administer'.

in consider both to be inaccurate, with "enforcement" more inaccurate than "administer". just stick with saying that the judiciary interprets the law as per the VCAA doc because that is consistent with Marshall CJ in Marbury v Madison