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Question:
Part A- Short Answer Questions
Part A consists of five short-answer questions. You must answer two questions.
The Constitution
The Australian Constitution divides the power to make laws between the Commonwealth and state governments. Which level of government did the framers of the Constitution originally intend the balance of power to favour? Explain two key reasons why this balance has since shifted
Criminal law
What factors are relevant to determining the reasonableness and necessity of self-defence? How might these factors be problematic in the context of family violence?
The Legal Profession
In Australia, lawyers have an overriding duty to the court. What is the nature of this obligation, and why does it take priority over a lawyers duty to their client?
Indigenous Persons and the law
What is native title? Why was the decision of the High Court in WikPeoples v Queensland (1996) 187 CLR 1 controversial in this regard?
Rule of Law
Explain what is meant by the rule of law. Provide an example of where formal adherence to the principles of the rule of law may not provide a just outcome.
Part B- Essay
Part B consists of an essay-style question. You must answer this question.
Question:
We need to value a just society not merely one which keeps law and order. The values of equality, of democracy, and of justice underpin who we are as a nation. If those values are compromised, so are we We must value a legal system that delivers us freedoms and our way of life, and that serves all Australians equally.
1
Considering this statement, critically evaluatethe role and limits of the Australian
legal system to promote a just society. In your answer, you must draw on material/issues from two of the topics* from this unit listed below.
*Relevant topics:
Australian Constitutional Law and Human Rights
Aboriginal Peoples and the Law
Justice and the Environment
Lawyers, the Legal Profession and Legal Education
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