1. 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.
2. 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?
3. 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 lawyer’s duty to their client?
4. Indigenous Persons and the law What is ‘native title’? Why was the decision of the High Court in Wik Peoples v Queensland (1996) 187 CLR 1 controversial in this regard?
5. 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 consists of an essay-style question. You must answer this question.
The maximum word count for the question is 750 words. This does not include footnotes. Your essay will be marked against the same rubric used for the essay (AT3). Please note the word count for Part B separately on your assignment coversheet.
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.
Considering this statement, critically evaluate the role and limits of the Australian legal system to promote a just society.
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