‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’ Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer. Include in your answer an explanation of how law-making powers are divided between State and Commonwealth Parliaments by the Commonwealth Constitution. OR ‘The use of the adversary and jury systems in Victorian criminal trials ensures that we have an effective legal system.’ Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer. Include in your answer an explanation of two elements of an effective legal system.

SSCE VCE Legal Studies The People and Law-Making: ‘It is very difficult to change

‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’ Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer - VCE - SSCE Legal Studies - Question 11 - 2008 - Paper 1

Question 11

‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’ Discuss the above statement and indicate the e... show full transcript

Worked Solution & Example Answer:‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’ Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer - VCE - SSCE Legal Studies - Question 11 - 2008 - Paper 1

Step 1

Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer.

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Answer

The statement reflects the complexities involved in altering law-making powers within the Constitution. The division of powers is a fundamental aspect of Australia's federal system.

Law-Making Powers Divided

The Commonwealth Constitution delineates powers into:

Specific Powers: Enumerated under Section 51, these are powers exclusive to the Commonwealth, such as defence and immigration.
Residual Powers: These powers are retained by the states, covering areas like health and education, as outlined in Section 52.

Changes to this structure can be difficult because:

Historical Context: The system has evolved over time, creating a strong precedent for existing powers, making any shift challenging.
Political Resistance: Both state and federal governments may resist changes perceived as diminishing their authority.
Judicial Interpretation: Legal interpretations by the High Court can solidify the current division of powers.

Extent of Agreement

While it is complicated to change the law-making powers, there are mechanisms, such as referendums, provided in Section 128 of the Constitution, which allow for potential changes. However, these are rare and often fail due to the required majority in both state and federal instances.

Step 2

Include in your answer an explanation of two elements of an effective legal system.

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Answer

Two critical elements of an effective legal system are:

1. The Adversary System

Definition: This system involves two opposing parties presenting their case to an impartial judge or jury.
Confidence in Fairness: Each party has the opportunity to argue their case, promoting confidence in the justice system.
Role of Evidence: Each party is responsible for gathering and presenting evidence, ensuring that the facts are thoroughly explored.

2. The Jury System

Community Representation: Jurors are selected from the general community, reflecting diverse perspectives.
Decision-Making: The jury's role in decision-making helps mitigate biases, as it is based on shared community values.
Protection from Bias: The jury system is designed to filter legal complexities, providing a transparent process to uphold justice.

In conclusion, both the adversary and jury systems are integral to ensuring justice is served fairly and impartially.