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Question 8 a - VCE - SSCE Legal Studies - Question 8 - 2004 - Paper 1
Question 8
Question 8 a. i. In 2002 the Prime Minister publicly considered holding a referendum to change the Commonwealth Constitution. The opposition indicated that it was w... show full transcript
Worked Solution & Example Answer:Question 8 a - VCE - SSCE Legal Studies - Question 8 - 2004 - Paper 1
Step 1
Explain how the Constitution can be changed by holding a referendum.
Answer
A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal and can result in the adoption of a new law or constitutional amendment. In Australia, the Constitution can be changed through a referendum by following these key steps:
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Proposal: A change to the Constitution is proposed, typically by the Federal Parliament. This can occur after a majority vote in both Houses.
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Approval: The proposed amendment must then be put to the Australian electorate during a referendum. For the change to pass, it requires a majority of votes nationwide and a majority in at least four of the six states, known as the ‘double majority’ requirement.
This process ensures that any significant changes to the Constitution have broad support across the nation, reflecting the will of the people.
Factors that can influence the outcome of a referendum include:
- Public Awareness and Engagement: Higher levels of information and debate about the proposed amendment can lead to more informed voting patterns, positively influencing the results.
- Political Climate: The prevailing political environment can significantly impact voter attitudes toward changes, especially if they are associated with the ruling party or contentious national issues.
Step 2
Comment on two factors that could influence the outcome of a referendum.
Answer
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Campaign Strategies: The effectiveness of the ‘Yes’ and ‘No’ campaigns can shape public perception and voter turnout. Well-organized campaigns that communicate the implications of the proposed change clearly can sway public opinion.
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Socioeconomic Factors: Demographics such as age, education level, and socioeconomic status can also play a critical role in influencing how different groups perceive the referendum. Historically, certain demographics may lean towards conservative or progressive views, affecting the overall result.
Step 3
Using one example, illustrate how the lawmaking powers of the State and Commonwealth Parliaments have been changed by High Court interpretation of the Commonwealth Constitution.
Answer
One example is the High Court's decision in the case of Commonwealth v. Tasmania (1983), also known as the Tasmanian Dam case. In this case, the High Court ruled that the Commonwealth Parliament could intervene in state matters if they related to external affairs under Section 51(xxix) of the Constitution. This ruling effectively expanded the Commonwealth's legislative power over environmental matters, allowing it to legislate in areas traditionally reserved for the states. Consequently, the balance of power between State and Commonwealth Parliaments was altered, enhancing the Commonwealth's ability to set nationwide policies even in areas typically under state jurisdiction.
Step 4
Describe how courts and Parliament make law.
Answer
Courts and Parliament establish laws through different processes:
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Parliament makes law through legislation: Members of Parliament propose, debate, and vote on bills. Once a bill is passed by both Houses and receives royal assent, it becomes law.
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Courts make law through judicial decisions: Courts interpret legislation and apply it to specific cases. Through these interpretations, judges set precedents that can influence future cases, effectively creating common law.
Step 5
Discuss two differences between the lawmaking processes of courts and Parliament.
Answer
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Scope of Law: Parliament creates laws in a broader context, addressing general societal issues, while courts interpret laws in the context of specific disputes or cases.
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Nature of Decision Making: Legislative processes in Parliament involve public debate and voting among elected representatives, incorporating diverse viewpoints. In contrast, court decisions are made by judges who interpret laws based on legal principles and precedents without public voting.