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March 29, 2024, 12:42:32 pm

Author Topic: VCE Legal Studies Question Thread  (Read 596368 times)  Share 

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michak

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Re: VCE Legal Studies Question Thread
« Reply #795 on: April 09, 2013, 05:06:53 pm »
+1
Yeep that makes sense. How about Section 41 though is that relevant at all?

Well i have never heard of section 41 coming up at all in VCE legal - so assuming no.
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #796 on: April 09, 2013, 05:12:32 pm »
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I'd lean towards no, unless you can use it to show off your skills and it's part of a judge's ratio. It's not specified in the study design and tbh I've never heard of it before. Megan should probably answer this question though hahaha

Haha, yes, the Constitution is my true love!

Section 41 was mainly a transitional provision, to decide who got on the federal electoral roll (because some people, such as Aborigines, were allowed in some states but not in others at federation). Don't worry about it for contemporary purposes, and it certainly doesn't guarantee a right to vote.

In the meantime, who wants to join with me in a s44 challenge to kick half the members of parliament out??? (As long as Abbott goes, I'm fine with the collateral damage.)
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
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brenden

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Re: VCE Legal Studies Question Thread
« Reply #797 on: April 10, 2013, 04:19:45 am »
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✌️just do what makes you happy ✌️

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #798 on: April 12, 2013, 11:02:48 am »
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What would I talk about for these questions? Are they relevant to the course or not?

- Evaluate the extent to which every Australian has the right to vote
- To what extent is the right to vote protected by the constitution?
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michak

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Re: VCE Legal Studies Question Thread
« Reply #799 on: April 12, 2013, 11:57:16 am »
+1
What would I talk about for these questions? Are they relevant to the course or not?

- Evaluate the extent to which every Australian has the right to vote
- To what extent is the right to vote protected by the constitution?

Yes very relevant.

1. So this question is asking if we do have the right to vote and then are there any limatations on tis right.
Yes we do have the right to vote under section 24 of the constitution. This section says that the house of reps and the senate must be directlly elected. As a result this is a structural protection as it is protected by the mechanism in the constituiton eg. responsible government But there are limitations to this. The parliament is able to limit certain groups from voting - if it can be justified - thus not a blanket right to vote. For example chilren under 18 can't vote as they are considered not informed/mature enough to be able to make a decision or physically can't (baby can't vote). Also say the mentally disabled. depending on the marks for this question i would also breifly mention the Roach case. In this case Vicki Roach was in prison and challenged the commonwealth's legislation that stopped all prisoners from voting. This was overturned back to the original law that said that prisoners in jail for more than 3 years can't vote. This is the case because it considered that these people have a different view of society and don't necessarily represent society morally.

2. This is quite similar to the first question.

Hope that helps :)
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #800 on: April 12, 2013, 12:21:42 pm »
0
Thanks for that :)
So we have to know about the right to vote?
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michak

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Re: VCE Legal Studies Question Thread
« Reply #801 on: April 12, 2013, 12:45:32 pm »
+1
Thanks for that :)
So we have to know about the right to vote?

Yes!!!!
And don't say it is an implied right, it isn't. It is a structural protection.
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #802 on: April 12, 2013, 12:55:27 pm »
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Dang. :/
Can you please explain the whole right to vote thing? There's so much in there and I'm just confused. My teacher, whose an assessor, said that we should just be able to explain at least 2 examples of structural protection, so I avoided this one
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #803 on: April 12, 2013, 09:52:06 pm »
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Dang. :/
Can you please explain the whole right to vote thing? There's so much in there and I'm just confused. My teacher, whose an assessor, said that we should just be able to explain at least 2 examples of structural protection, so I avoided this one

Don't worry, you don't need voting as an example of rights protection. It is *one* example of a structural protection, but there are plenty of others. You need one example at least, but two would be safer (as your teacher says). If you really struggle with the system of representative government protecting voting, then pick another :)

Basically, our Constitution establishes a democratic system of representative government - this is through the whole of Chapter 1, but specifically in ss7 and 24 which provide for the direct election of both houses of federal parliament by the people. If the people vote for parliament, then the system is democratic; if the Constitution is the thing that says the people vote for parliament, then the Constitution sets up that democratic system. One of the structural protections afforded by the Constitution is therefore the democratic system of representative government.

Remember that representative government *doesn't* mean just doing what the majority wants. Representative government really, traditionally, means speaking on behalf of the people regardless of which point of view you express: being chosen by them. Therefore, if parliament wants to be truly representative they can't speak only on behalf of a few people in society, or be chosen by only a few people in society. If voting was cut entirely, or limited to only a small percentage of people, the parliament wouldn't be truly representative or truly democratic because they would not have been chosen by the people as a whole to speak on behalf of the people as a whole.

This is why fair elections, involving a significant percentage of the people, are protected structurally by the Constitution. Each individual doesn't have the right to vote (which is why there is no right to vote), but the community as a whole is protected from the abuse of government power by having fair and regular elections in which the vast majority of the people get to participate. Even if you personally don't have the right to vote, as a member of the community you are protected by the democratic system of representative government.

Hence, laws banning too many people from voting for what the HCA thought were insignificant or unsubstantial reasons were (eg in Roach) held to be invalid.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
Available for private tutoring in English and Legal Studies.
Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.
Good luck!

awesomejames

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Re: VCE Legal Studies Question Thread
« Reply #804 on: April 13, 2013, 09:33:36 pm »
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Is an unentrenched* bill of rights the same as a statutory bill of rights.?

Edited
« Last Edit: April 13, 2013, 10:49:52 pm by awesomejames »

michak

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Re: VCE Legal Studies Question Thread
« Reply #805 on: April 13, 2013, 10:40:29 pm »
+1
Is an entrenched bill of rights the same as a statutory bill of rights.?



No!!
An entrenched bill of rights is one that is found within the constitution eg USA
A statutory bill of rights is one that is found within legistion passed through parliament eg NZ
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awesomejames

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Re: VCE Legal Studies Question Thread
« Reply #806 on: April 13, 2013, 10:49:20 pm »
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No!!
An entrenched bill of rights is one that is found within the constitution eg USA
A statutory bill of rights is one that is found within legistion passed through parliament eg NZ

omg sorry!!! i meant UNENTRENCHED*

michak

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Re: VCE Legal Studies Question Thread
« Reply #807 on: April 13, 2013, 11:42:37 pm »
+1
omg sorry!!! i meant UNENTRENCHED*

Oh ok :p
Constitution/entrenched bill of rights means it is found within the constitution
Unentrenched means not found within constitution
Statutory means legislation passed through parliament

So yeah the same :)
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awesomejames

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Re: VCE Legal Studies Question Thread
« Reply #808 on: April 14, 2013, 08:57:24 am »
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Oh ok :p
Constitution/entrenched bill of rights means it is found within the constitution
Unentrenched means not found within constitution
Statutory means legislation passed through parliament

So yeah the same :)

Ok fantastic ty

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #809 on: April 14, 2013, 01:49:25 pm »
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Ok im studying Canadas constitutional approach to protecting rights. What exactly do I need to know? There are a lot of express rights listed, am I supposed to know all of them?? And is the cjarter of rights and freedoms their bill of rights? In the justice and outcomes textbook theres so much detail on things like pre-legislative scrutiny, overriding provision, advisory opinions,etc. Do we need to know this all in detail??

 Information overload.. I'm confused :/
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