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June 25, 2019, 09:31:19 pm

Author Topic: Discuss R v Brislan  (Read 435 times)  Share 

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hdxx

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Discuss R v Brislan
« on: November 10, 2018, 04:44:25 pm »
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Does anyone know how you would discuss R v Brislan?

lst1103

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Re: Discuss R v Brislan
« Reply #1 on: November 10, 2018, 06:03:32 pm »
+2
For questions asking to discuss the significance of a High Court case, I like to follow this structure:

Explain any key terms (this probably isn't necessary for this particular question, but I would do this for a question related to Roach to explain representative government).
Describe the facts of the case (parties, relevant legislation and sections of the Constitution) and the court's decision.
Explain the significance of the case - did it lead to a shift in the division of law-making powers? Did it extend the meaning of the external affairs power? Affirm a structural right to vote as per sections 7 and 24?



SemiAdapted

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Re: Discuss R v Brislan
« Reply #2 on: November 10, 2018, 09:42:10 pm »
+1
Basically define what the case is and discuss the impact it had, such as how it shifted the division of law-making power. Brislan is an interesting case because in practice the particular law did not change, as it was upheld that the power belonged to the Commonwealth government, but the interpretation of this fact as per S. 51 (V) is important. Try and remember roughly what the key terms of that section are that were interpreted for maximum marks.

DoctorTwo

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Re: Discuss R v Brislan
« Reply #3 on: November 11, 2018, 12:05:52 am »
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Just out of interest, was the wireless set found to be an ‘other like service’ or  ‘telegraphic/telephonic’? I think most online sources I found and my textbook say it was an other like service but the Wikipedia for that subsection says it was telegraphic or telephonic. It could be different between the judges though because I read some of the actual case and some of them interpreted the words differently than others. If this is true then should we just say in the exam “The High Court found wireless sets to be a ‘telegraphic, telephonic’, or ‘other like service’”?

hdxx

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Re: Discuss R v Brislan
« Reply #4 on: November 11, 2018, 06:59:43 am »
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Basically define what the case is and discuss the impact it had, such as how it shifted the division of law-making power. Brislan is an interesting case because in practice the particular law did not change, as it was upheld that the power belonged to the Commonwealth government, but the interpretation of this fact as per S. 51 (V) is important. Try and remember roughly what the key terms of that section are that were interpreted for maximum marks.

In a discuss do you have to do a however, because all the sample responses don't do a however for the significance but I was told to for these cases. What would a however be for Brislan?

lst1103

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Re: Discuss R v Brislan
« Reply #5 on: November 11, 2018, 07:40:29 am »
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That’s not required for this question! You just need to explain its significance.

hdxx

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Re: Discuss R v Brislan
« Reply #6 on: November 11, 2018, 07:59:43 am »
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Oh really!! ahhhh this whole time I have been trying to discuss and have found it soooo hard

SemiAdapted

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Re: Discuss R v Brislan
« Reply #7 on: November 11, 2018, 06:41:24 pm »
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Just out of interest, was the wireless set found to be an ‘other like service’ or  ‘telegraphic/telephonic’? I think most online sources I found and my textbook say it was an other like service but the Wikipedia for that subsection says it was telegraphic or telephonic. It could be different between the judges though because I read some of the actual case and some of them interpreted the words differently than others. If this is true then should we just say in the exam “The High Court found wireless sets to be a ‘telegraphic, telephonic’, or ‘other like service’”?

Both. The High Court interpreted that 'other like services' referred to any device which shared common factors with the other listed devices, which was interpreted to be for a communications purpose.