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a. '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
a. '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 th... show full transcript
Worked Solution & Example Answer:a. '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
'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.
Answer
To discuss the statement, it is essential to evaluate the existing division of law-making powers as established by the Commonwealth Constitution. The Constitution outlines specific and enumerated powers, primarily found in Section 51. These powers include exclusive powers, which only the Commonwealth can exercise, and concurrent powers, which can be shared with the State.
I agree with the statement that it is challenging to change this division of powers. Firstly, amending the Constitution requires a referendum, which necessitates a double majority: a majority of voters across Australia and a majority of voters in a majority of states. This makes any shift in law-making powers a complex and often politically charged process.
Furthermore, the historical context plays a significant role. The framers of the Constitution sought to balance power between states and the Commonwealth, which has maintained a relatively stable federal structure. Attempts to centralize power have met with resistance from states, which are protective of their jurisdictions. This creates a resistant climate against any amendments trying to alter this balance.
In conclusion, while theoretically possible, changing the law-making powers as divided between State and Commonwealth Parliaments is practically very difficult due to the constitutional requirements and the ingrained federal structure.
Step 2
'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.
Answer
The adversary system and the jury system are fundamental components of the Victorian legal framework that contribute to the effectiveness of the legal system.
The adversary system creates a backdrop where two parties present opposing arguments before an impartial judge, who acts as a referee. This structure encourages thorough examination of evidence, ensures fair representation, and upholds the principle of natural justice. The reliance on oral evidence and examination of witnesses serves not only to establish facts but also to uphold the integrity of the trial process, making it more likely that justice is served.
On the other hand, the jury system reflects community values and provides a check on the legal process. Juries consist of ordinary citizens, which fosters confidence in the legal system by allowing peers to evaluate the evidence and make judgments. This setup ensures that decisions are representative of societal values, helping maintain public trust in legal outcomes.
In conclusion, both the adversary system and the jury system are critical in fostering an effective legal system in Victoria, as they promote fairness, accountability, and community participation.