Legal Studies Questions

Natesha S

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7a) Using one example, explain how groups or individuals may use the media to influence legislative change (2 marks)

Individuals or groups may use the media to put an issue out in to the public domain and have members of the community discuss the issue and put pressure on parliamentarians to change the law. In recent years Neil Mitchell of 3AW used his talk back radio program as a platform to raise community awareness and discussion about the mandatory reporting of child abuse, pursuing the matter until parliament changed the law.

2011 vcaa exam

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6b) Describe two other means by which the commonwealth parliament protects rights in Australia (4 marks)

One other mean by which the commonwealth parliament protects rights is express rights. These are rights that are specifically listed in the constitution and thus entrenched, and can only be altered though a referendum. An example of this is the freedom to religion as set out in S116, meaning that parliament cannot enact legislation that prevents or prohibits and individual from the free exercise of any religion.

Another form of protection is manifested in implied rights. These are rights that are not written in the constitution but implied by the structure and text of the constitution based on interpretations by the High Court. An example of an implied right is the right to free political communication, protecting the rights of individuals to express their opinions on parliamentary affairs.

2011 vcaa exam

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6a) Explain the term structural protection (2 marks)

Structural protection refers to the systems and mechanisms established by the constitution that indirectly protect rights. These rights include the principles of the separation of powers, the requirement for each house of parliament to be chosen directly by the people (S7 and 24) and the (limited) right to vote as established in the Vicki Roach v Electoral Commissioner 2007 case. Structural protection prevents a misuse of power by the commonwealth parliament and ensures the rights of the people are protected.

2011 vcaa exam

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5a) Explain one effect of statutory interpretation (2 marks)

Statutory interpretation can subsequently broaden and expand the areas within which the commonwealth parliament can legislate. For example, in Croome v Tasmania 1997 the High Court interpreted S51 ‘external affairs’ to also include any matter covered by an international treaty thus broadening the commonwealth parliament’s legislative powers

2011 VCAA exam

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1)Distinguish between exclusive and residual powers (2 marks)

Residual powers refer to powers left with the states at federation. This includes areas of law such a criminal law, education and public transport. These areas of law are not mentioned in the constitution and thus the commonwealth parliament cannot legislate in these areas. Contrastingly, exclusive powers refer to powers specifically given to the commonwealth parliament at the time of federation, giving only the commonwealth parliament the power to enact legislation in certain areas. Some exclusive powers are made so by the constitution such as s51 which gives the right to the CP to coin money. 

2011 VCAA EXAM

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7b) Using one example of a successful referendum analyse the impact on the division of powers. (5 marks)

In 1967, the government staged a referendum on whether the parliament should have powers in respect to indigenous people. All 6 states voted in favour of this resolution and 90.77% of voters across Australia voted in favour.

The referendum amended section 51 of the constitution, which states the legislative powers of the parliament. This amendment allowed parliament to move in to an area of law making that was previously denied under the constitution. The referendum altered the wording of section 51, giving parliament the power to legislate for the people of any race, including indigenous people. This broadened the law making powers the federal parliament.

Simultaneously, this also removed that ability of state parliaments to legislate over indigenous people, narrowing their law making abilities. Previously, as the constitution did not permit the federal parliament to legislate for indigenous people, this power automatically fell to state parliaments. However, due to this amendment, now only the federal parliament may enact new legislation regarding indigenous people.

2012 exam specifications 

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7a) Suggest 2 reasons for the low success rate of referendum proposals (2 marks)

The double majority requirement for referendums to pass is often very difficult to satisfy, as it requires a majority of voters in a majority of states as well as a majority of voters in Australia overall. Although this ensures that the referendum is as flawless and agreeable as possible, double majorities are extremely difficult to achieve. Additionally, voter conservatism can also hinder the success rate of referendums. Voters tend to be conservative and prefer to accept the constitution as it stands rather than invoke unknown adverse effects. (1999 republic referendum)

2012 exam specifications 

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5b) Evaluate the effectiveness of this method (4 marks)

This petition can be an effective way to enable a new bus service as petitions allow the government to be directly contacted (if tabled). Petitions also appear more legitimate than some other methods of legislative change like demonstrations, as petitions must be formally constructed and presented or will not warrant consideration. Contrastingly, due to these same elements that enable petitions to be effective, parliament is not able to respond to the numerous petitions submitted on a daily basis. Simultaneously, due to the ‘low key’ and local nature of petitions, petitions are much less likely to gain media support as opposed to other methods to bring about legislative change such as demonstrations.

2012 exam specifications 

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5a) Explain the method being used by the residents of Kilysth to bring about legislative change (2 marks)

The residents of Kilysth are using a petition to bring about legislative change. A petition is a formal written request to the government for action in relation to a particular law that is considered outdated or unjust. In this case, the residents of Kilsyth are requesting that the parliament use their law making powers to enable a new bus service.

2012 exam specifications