Preview

Legal System: Legal Mechanisms Of The Australian Constitution

Satisfactory Essays
Open Document
Open Document
253 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Legal System: Legal Mechanisms Of The Australian Constitution
CABOOLTURE STATE HIGH SCHOOL

BUSINESS & SOCIAL SCIENCE DEPARTMENT

YEAR 11 LEGAL STUDIES

EXTENDED RESPONSE

ITEM 1.1

TOPIC: The Legal System
Australian Constitution

STUDENT: Grace Fenwick

TEACHER: Mr Keehn (BSK)

ISSUE DATE: 27/02/15

DUE DATE: 30/03/15
CONTENTS

Contents
Nature of Australian Constitution 3
Parts of Australian Constitution 3
Legal Mechanisms of the Constitution 3
Powers of the Australian Constitution 3
Resolution of Constitutional Difficulties 3
Protection of Citizens 3
Section 51 Powers 3
Individual Citizen’s Legal Rights 3
Section 128 Conditions 3
A Bill of Rights 3
Bibliography 3
Sources 3
Appendix 3

Nature of Australian Constitution
The Australian Constitution is the most important legal

You May Also Find These Documents Helpful

  • Better Essays

    commonwealth law

    • 1509 Words
    • 7 Pages

    Before the formation of the Australia, there were six colonies ruling the land of Australia, which were Victoria, Queensland, Tasmania, New South Wales, Western Australia and South Australia (Harvey 2009). It was stated that each colonies has their own government and laws to manage the colonies.…

    • 1509 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Constitutional Convention, 13 February 1998, Transcript of Proceedings. Accessed 9th August 2011, Obtained from http://australianpolitics.com/issues/republic/convention/130298.pdf…

    • 935 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    For the panel, constitutional recognition of Indigenous Australians means removing provisions in the Constitution that contemplate racial discrimination. Whether intended or not, the five proposals address the broader issues of racial discrimination and equality before the law within the Commonwealth Constitution.…

    • 4379 Words
    • 18 Pages
    Powerful Essays
  • Good Essays

    Australian Criminal Law

    • 788 Words
    • 4 Pages

    The codification of the Criminal Code has marked a watershed on Australian legal jurisprudence. In this essay I will discuss the problems that may occur when interpreting the Criminal Code (The Code), the creation of uniformity and the also accessibility that the Code creates.…

    • 788 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Which type of law is sovereign?,Classification of Law,Regulation of human behaviour,Criminal law,Classifications of Crime,Objectives of sanctions,Civil Law,Types of civil wrongs,Civil remedies,Types of civil remedies,Crimes…

    • 2211 Words
    • 12 Pages
    Powerful Essays
  • Satisfactory Essays

    Presidents tend to choose judges from their own political party because judges may serve for…

    • 250 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    To answer this question, We firstly need to look a couple of things to allow you a thorough understanding of what exactly the criminal justice system is, questions like, what is role that this system has to play in today’s modern & somewhat debauched society, also what are the key concepts and components of each part of the criminal justice system. It is my attention through the aid of this essay to not only explain the differing parts of the criminal justice system, but also answer the topic in question; by the time we are through you will have a thorough understanding of the Australian criminal justice system and why it is needed.…

    • 1396 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Daniel Shays- frightened the conservative minded delegates; the specter of the recent outburst in Mass was alarming & now another founding father…

    • 1084 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    agents. We must look to common law in order to determine the courts views on…

    • 2014 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    The legal fiction upon which Australia was founded refers to the British doctrine, “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded, even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the widely known Mabo Case. In May 1982, Eddie Mabo and four other plaintiffs of the Murray Islands pursued confirmation of their traditional land rights in the High Court of Australia. Their claim had been that Murray Island (Mer) had been previously inhabited and had been possessed by the Meriam people with their own social and political organisations. After 10 years and the death of Mabo, on June 3 1992, the High Court ruled that the lands of Australia were not terra nullius when European settlement occurred and the Meriam people were entitled to the lands of Murray Island. Then in December 1993, the Native Title Act was produced as part of the Commonwealth’s response to the High Court’s decision to protect the native lands of Aboriginals. The legal fiction has therefore had a major impact on Australia’s legal history with the introduction of the Native Title Act where the Aboriginal and Torres Strait Islanders were compensated for the dispossession of their lands.…

    • 2019 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Since the development of the Australian Constitution, the question has been raised over the inclusion of a Bill of Rights within society. A Bill of Rights has never been a part of Australia although some say it would help to protect basic human rights from political interference and in some regard enhance the democratic nature of Australia. The bill has never been wanted or needed within Australia. It does not improve or guarantee anything but instead transfers power to unelected judges who already have a heavy influence within the legal system. A Bill of rights is difficult to achieve and expensive to implement, and as the essential rights are already provided there is need for one to be enacted within Australia.…

    • 1190 Words
    • 5 Pages
    Better Essays
  • Better Essays

    The sentencing judge found that it was established beyond reasonable doubt that the respondent, after finding out that Flick was pregnant, that the course of terminating the offspring by any means in his power, either consensual or otherwise was going to be taken and was part of his thought process during the course of Flicks pregnancy up to the events on the 20th of August 2002. Mens Rea in this case concerning a guilty mind in regards to King has been proven by the actions that led to the assault. It has been stated before the court that King sought an abortion upon the beginning of the pregnancy, determining his disagreement towards the life of the child, and his outlook towards the future of the pregnancy, also being emphasised during his conversations involving Jessica Williams and Brianne McCarthy offering them a payment of $500.00 if they would ‘bash’ Flick as long as it resulted in the death of the baby. His honour concluded that this course of actions was evident in his previous actions, therefore proving a guilty mind.…

    • 1650 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    1. Law and the legal system are based on ideas from centuries past, but both are still constantly evolving to meet the needs of today’s world. What do you think will be the next amendment added to the US Constitution? Why?…

    • 253 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    For the first time in almost 900 years, judicial independence is now officially enshrined in law.…

    • 1922 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    Jurisprudence NZ

    • 2355 Words
    • 6 Pages

    Herbert Lionel Adolphus Hart, a British philosopher, is the author of the book Concept of Law (1961). This book is well known for its analysis of the relation between coercion, morality, and law, and also its clarification of whether all types of law can be seen as coercive orders or as simply moral commands1. Hart goes into depth about all the laws and the relationships to coercion, morality and law, but this following essay will focus on Hart's statement regarding the uncertainty, rigidity, and inefficiency of the primary rules in “primitive” “pre legal” societies. Hart believes, in regards to positive law, that secondary rules are needed in order to maintain a legitimate legal system and also for rules to be legitimately seen as actual law. According to Hart, laws are divided up into two categories: primary rules, and secondary rules. Primary rules are more rules of conduct, for example, statutory and case-based laws, whereas secondary rules relate to the officials and authorities in which subsequently affect the way these rules are maintained. Thus, the combination of both primary and secondary rules are crucial in order for a legal system to be legitimate. In this particular case, the comparison and critical analysis will be directed towards tikanga Maori.…

    • 2355 Words
    • 6 Pages
    Better Essays