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March 29, 2024, 04:12:32 am

Author Topic: VCE Legal Studies Question Thread  (Read 596292 times)  Share 

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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #825 on: April 21, 2013, 06:44:18 pm »
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I always get mixed up with S51 xxxi and S51 xxix LOL

Really? It's ingrained in my brain that ix is 9 so I remember it without fail. As for the others, my teacher says that it's not that much of a problem if you write out the number instead of the roman numeral. I don't know if it applies for the exam as well but I guess it wouldn't really be detrimental if you've answered the question properly.
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AbominableMowman

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Re: VCE Legal Studies Question Thread
« Reply #826 on: April 21, 2013, 06:56:46 pm »
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Really? It's ingrained in my brain that ix is 9 so I remember it without fail. As for the others, my teacher says that it's not that much of a problem if you write out the number instead of the roman numeral. I don't know if it applies for the exam as well but I guess it wouldn't really be detrimental if you've answered the question properly.
According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #827 on: April 21, 2013, 07:11:21 pm »
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According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P

Fair enough, haha.
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alkj2poivauu3q5oi

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Re: VCE Legal Studies Question Thread
« Reply #828 on: April 21, 2013, 08:13:26 pm »
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Does anybody know how the High Court "acts as a guardian of the Constitution"?

It seems pretty vague from what I've read - influencing the day-to-day application of the Constitution and ensuring that it remains to the Australian people. Would this just be a long winded way of saying they refer to the Constitution in cases that come before them?

michak

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Re: VCE Legal Studies Question Thread
« Reply #829 on: April 21, 2013, 08:17:11 pm »
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Does anybody know how the High Court "acts as a guardian of the Constitution"?

It seems pretty vague from what I've read - influencing the day-to-day application of the Constitution and ensuring that it remains to the Australian people. Would this just be a long winded way of saying they refer to the Constitution in cases that come before them?

Yeah kinda. Well yes they are the guardian because they protect society from the tyranny of parliament. This is because they can declare any piece of legislation ultra vires if it contradicts with the constitution, thus limiting parliament power.
However they aren't the best of guardians because they can't do this whenever they like, this can only be done if an inividual or group willingly questions the piece of legislation to the high court, which is very expensive and very time consuming, thus there could be legislation out their that contradicts the constitution but no one has questioned it :)
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #830 on: April 22, 2013, 10:01:17 am »
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According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P

Not true. Don't worry about it. (Obviously don't go to the other extreme of chucking in a whole lot of random guess material, either, though!)
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #831 on: April 22, 2013, 04:29:35 pm »
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OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D
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michak

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Re: VCE Legal Studies Question Thread
« Reply #832 on: April 22, 2013, 05:07:21 pm »
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OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D

Congrats dude :) very well done

Now worries happy to help

Keep asking questions guys :)
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #833 on: April 22, 2013, 07:17:43 pm »
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Just a question, did the brislan and tasmanian dam cases result in a shift from residual powers to concurrent power or exclusive power?

OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D
Whoa, congratulations!! :D
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michak

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Re: VCE Legal Studies Question Thread
« Reply #834 on: April 22, 2013, 07:31:58 pm »
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Just a question, did the brislan and tasmanian dam cases result in a shift from residual powers to concurrent power or exclusive power?
Whoa, congratulations!! :D


I had been told it was concurrent power. This is the reasoning:
- Electricity, water and dams was a residual power
- Commonwealth though could legislate there because it was a international heritage site and under external affairs could pass law to uphold international treaties it had signed
- Thus now they can both make law in this


However I do know of others that say its exclusive, but I don't agree and neither did my teacher who is an examiner.

Pretty sure its concurrent
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #835 on: April 22, 2013, 07:44:52 pm »
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I had been told it was concurrent power. This is the reasoning:
- Electricity, water and dams was a residual power
- Commonwealth though could legislate there because it was a international heritage site and under external affairs could pass law to uphold international treaties it had signed
- Thus now they can both make law in this


However I do know of others that say its exclusive, but I don't agree and neither did my teacher who is an examiner.

Pretty sure its concurrent

Yeah that's what I'm thinking too. How about Brislan?
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #836 on: April 22, 2013, 07:47:16 pm »
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Also, Why has it been necessary for the High Court to interpret the Constitution?
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brenden

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Re: VCE Legal Studies Question Thread
« Reply #837 on: April 22, 2013, 07:54:11 pm »
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Re; concurrent/exclusive -- from memory, this is one of the most ambiguous things in the course. I can't even answer the question with confidence, but I remember being marked down by my teacher for this in a SAC, but then earning myself a mark by debating it, quite heatedly,  from 3pm-3.40pm. I can't remember what I said and what he said, though.
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michak

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Re: VCE Legal Studies Question Thread
« Reply #838 on: April 22, 2013, 08:01:45 pm »
+1
Yeah that's what I'm thinking too. How about Brislan?

Brislan becomes a concurrent power. Originally it was thought to be a residual but the high court found that it comes under other forms of communication in section 51(v).

Also, Why has it been necessary for the High Court to interpret the Constitution?

One reason is to ensure that the parliament of the day is making laws that it isn't allowed to. No point having a constitution that stops them from doing something if it isnt enforced.
Another reason is to keep up with the times, for example the Brislan case. section 51(v) only mentions telegraphic, telephonic and postal and other like services, so know they need to interepret what other like services are currently available today but not back then. \
Another reason is also to determine if there are any other implie rights in the constitution.


Aaand thats all i can think of off the top of my head at the moment :)
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #839 on: April 23, 2013, 07:01:23 pm »
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Hey how would i go about answering these? I don't need a full answer, just maybe what I should be including to get the required marks?

1. In Australia, methods and processes exist to enable a change to the division of law-making powers between Commonwealth and State Parliaments.
Identify one method of changing constitutional power and analyse its impact on the division of law-making powers. [5 marks]

For the analyse bit of this question I thought you just analysed the strengths and weaknesses of this method in relation to it's impact on the division of law-making powers. Is this correct or not?)

2. ‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’
Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer. Include in your answer an explanation of how law-making powers are divided between State and Commonwealth Parliaments by the Commonwealth Constitution. [10 marks]

For this question I just talked about one way that lawmaking powers are divided, but for some reason I didn't mention the other two. My teacher said I had to mention all three.. Is that correct?)

3. “Australia’s approach to the constitutional protection of democratic and human rights is different from, and not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada, New Zealand and South Africa”.
Compare Australia’s approach to the constitutional protection of democratic and human rights with the approach adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of Australia’s Constitution is in protecting democratic and human rights. [8 marks]

For this question I just talked about a similarity/difference between Australia and canada and whether this was a strength or weakness on Australia's behalf. I did this for 4 different things, since the question was out of 8. Is that all I do or should I also mention whether or not australia is more/less effective and why at the beginning or end??


Sorry for all the question! My sac is tomorrow and I'm just trying to clarify some doubts.
Thanks

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