The text book used for my course is Blackshield and williams “Australian constitutional law and theory Commentary and material”. reference to sources in this book would be preferred but are not necessary. The Citations for the cases used MUST be in accordance to the “Australian Guide to Legal Citation”.This can be found online with a google search. Its predominantly the footnote method with citations below the footer.
AUSTRALIAN PUBLIC LAW
RESEARCH ESSAY QUESTIONS
Word Length: 2500
SEE THE COURSE STUDY GUIDE FOR MORE INFORMATION ABOUT THIS ASSESSMENT TASK
SELECT ONE OF THE FOLLOWING QUESTIONS
Question 1:
The Constitution of the Commonwealth of Australia has written and unwritten elements. Is this amalgam a problem?
Question 2:
Is it consistent with our understanding of representative democracy to allow Australian states to entrench sections of their constitutions via “manner and form” provisions?
Question 3:
Consider the limitations on the Commonwealth Parliament’s ability to delegate its legislative power laid out by the judges in Victorian Stevedoring v Dignan (‘Dignan’s case’) (1931) 46 CLR 73. Do these limitations ensure there is sufficient parliamentary oversight of delegated legislation? If not, which institution should fix the problem?
Question 4:
Justice Isaacs described Magna Carta as ‘the groundwork of all our Constitutions’.1 Was he correct? Consider in the context of the Constitution of the Commonwealth.
1 Ex parte Walsh and Johnson; In re Yates (1925) 37 CLR 36, 79