Login

Welcome, Guest. Please login or register.

March 30, 2024, 02:12:39 am

Author Topic: VCE Legal Studies Question Thread  (Read 596548 times)  Share 

0 Members and 4 Guests are viewing this topic.

Tobias Funke

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 242
  • Respect: +1
Re: VCE Legal Studies Question Thread
« Reply #300 on: February 02, 2011, 02:44:34 pm »
0
I've got an exercise book with my name on it
sometimes I feel as if I'd be more enriched in life if I bought an RV and started cooking meth

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #301 on: February 02, 2011, 04:44:01 pm »
0
Another question;

What is meant by the term "hostile house"?

I got this question on some Legal Studies worksheet handed out in class; I've got no idea. It's not in my textbook either.

Thanks to anyone who can help!

ech_93

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 290
  • Respect: +6
Re: VCE Legal Studies Question Thread
« Reply #302 on: February 02, 2011, 04:56:08 pm »
0
Hostile house is when the Upper house is controlled by the opposition. (eg. The upper house majority is Labor, and the lower house majority is  Liberal.) The upper house would be expected to review the bills passed through the lower house more carefully. This would make it more difficult to pass the bills, because they want to vote with their party lines.
Does that make sense? :S
ATAR aim: 90+
2012- ???

chrisjb

  • Victorian
  • Part of the furniture
  • *****
  • Posts: 1047
  • ROAR
  • Respect: +64
Re: VCE Legal Studies Question Thread
« Reply #303 on: February 02, 2011, 05:03:25 pm »
0
I'm familiar with the term 'Hostile upper house'  which is when the party not in government (or a coalition of parties or a group of unaffiliated independants/minor parties) hold either a majority or ballance of power in the Upper house of a bicameral system (i.e. the senate/legislative council). It means that it's very difficult for the government to pass legislation through as it will often be blocked (see Gough Whitlam; also the howard government's gst bill).

i.e. the government only has majority in house of reps.

As bills can be initiated in the upper house, the lower house could also be considered hostile in situations, so I'd guess that the term 'hostile hosue' is exactly the same as 'hostile upper hosue' except it can be used to reffer to either the upper or lower hosue.

dang! beaten to it by ech_93
2011: 96.35
2012: http://www.thegapyear2012.com/
2013: Arts (Global) Monash
2016: Juris Doctor (somewhere)

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #304 on: February 02, 2011, 05:10:36 pm »
0
Thanks guys! Much appreciated.

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #305 on: February 04, 2011, 08:42:04 pm »
0
Another question;

What's the difference between 'statutory Bills of Rights' and 'entrenched Bills of Rights'?

Thanks to anyone who can help!

ech_93

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 290
  • Respect: +6
Re: VCE Legal Studies Question Thread
« Reply #306 on: February 04, 2011, 10:09:33 pm »
0
statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.
and entrenched bill of rights is when they are protected in the constitution and can only be removed through a referendum.

I think thats right, i will dig up one of my past sacs to see though...

edit: yeah, in a sac we had a pretty similar question. My answer was "An entrenched Bill of Rights cannot be changed easily, they can only be changed through a successful referendum. A statutory bill of rights is when the rights are protected through legislation rather than a Constitution. The statutory bill of rights can be changed through amendments to the legislation.'"
« Last Edit: February 04, 2011, 10:14:22 pm by ech_93 »
ATAR aim: 90+
2012- ???

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #307 on: February 04, 2011, 10:14:55 pm »
0
statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.
and entrenched bill of rights is when they are protected in the constitution and can only be removed through a referendum.

I think thats right, i will dig up one of my past sacs to see though...

That's pretty good. Though, could you elaborate on the bits in bold? I'm not really sure what you mean by 'protected under laws/statute' and 'law amendments'. Would 'law amendments' refer to the interpretation by the courts or something? That would be great if you could dig up one of your past SACs.

EDIT: Thanks!

ech_93

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 290
  • Respect: +6
Re: VCE Legal Studies Question Thread
« Reply #308 on: February 04, 2011, 10:18:10 pm »
0
Do you still want me to elaborate, or does it make sense? My initial explanation wasn't very clear...
ATAR aim: 90+
2012- ???

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #309 on: February 04, 2011, 10:20:17 pm »
0
Could you elaborate just for the first bit?

statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.

That. Thanks, that would be greatly appreciated. =]

andy456

  • Victorian
  • Forum Leader
  • ****
  • Posts: 951
  • Respect: +12
Re: VCE Legal Studies Question Thread
« Reply #310 on: February 04, 2011, 10:39:36 pm »
0
ok so a statutary bor is a bill of rights in the form of an act of parliament.... So its just like they make a law about anything... Afaik its the normal bill process into an act..... So then there is a law saying what is protected..... This can easily be changed compared to entrenched bor..... The statutory one can be changed by the creation of a law that nullifies ,dont know if thats a word, the bor....

Hopefully this is right..... Last year i studied an entrenched bor and only briefly went over this
VCE 2010: Eng 42 | Legal 49 | Chem 37 | MM 34 | Indo SL 33 |
ATAR: 97.45
 
2011: Bachelor of Arts Monash University
2012: Bachelor of Commerce?? Please!!

ech_93

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 290
  • Respect: +6
Re: VCE Legal Studies Question Thread
« Reply #311 on: February 04, 2011, 10:48:21 pm »
0
Well, the statutory bill of rights are just like any other law. They don't have any special way of changing and making amendments (unlike the constitution which has the referendum process to follow). The statutory bill of rights would be amended in the same way that, for example, The Road Safety Act would be changed - it would be taken through parliament or changed in the courts. But, for the entrenched rights the public must vote on it.
This way you could argue that the entrenched rights are more fair and just as we have a say, where we don't have as much a say with statutory bill of rights.

In my textbook it sets out the difference between australia's rights (entrenched bill of rights) and the united kingdom's rights (statutory bill of rights)

Differences
United kingdom:Statutory rights (a bill of rights) listed in the act of parliament -- Australia: No bill of rights
United kingdom: No constitutional entrenched rights -- Australia: Five constitutional entrenched rights
United kingdom:Many rights protected -- Australia: Only five protected under the constitution.
United kingdom: An act of parliament can be passed to amend the Human Rights Act if it can be seen publicly safe -- Australia: Rights can only be removed from the Constitution through referendum


If it is in your textbook you should read about how things work in the united kingdom, that would help make more sense.

« Last Edit: February 04, 2011, 10:51:09 pm by ech_93 »
ATAR aim: 90+
2012- ???

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #312 on: February 05, 2011, 09:48:45 am »
0
Thanks for your help guys. =]

werdna

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2857
  • Respect: +287
Re: VCE Legal Studies Question Thread
« Reply #313 on: February 05, 2011, 04:05:44 pm »
0
A question from Justice&Outcomes (pg. 10):

In the Constitution, the executive power is vested in the Queen. Does this mean that the Queen makes decisions about what laws should be passed? Explain.

This question's confusing me because it's supposed to be testing knowledge on the specific section of the chapter in the pages before these questions, but executive powers aren't discussed until later on in the chapter.. So I'm confused as to how I should answer it when the actual content of the question hasn't been discussed in the book.

But it's also slightly poorly worded, because maybe the question is asking whether executive power = ability to make decisions about which laws get passed?


Tobias Funke

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 242
  • Respect: +1
Re: VCE Legal Studies Question Thread
« Reply #314 on: February 05, 2011, 04:39:00 pm »
0
The answer is no
sometimes I feel as if I'd be more enriched in life if I bought an RV and started cooking meth