Foundations Assignment - Session 1 2016

You are a graduate solicitor who has just commenced work at a local law firm. The partner who you work under has been asked to present a paper at one of the Law Society’s education days. The paper is to address the following: “Critically evaluate whether decisions of the High Court of Australia have sought to undermine Australia’s system of Federal Government” The partner has instructed you to assist him by carrying out some preliminary research. He has not looked at decisions from the High Court for some time and has not really looked at Australia’s system of Federal Government since leaving law school. He does recall that some High Court decisions over the last century dealing with the division of powers might have been controversial in regards to extending the powers of the Commonwealth Government. He asks you to conduct appropriate research and carry out close reading of at least two relevant High Court cases, and provide a briefing paper of no more than 5 pages that covers: A. A brief description and background on Australia’s system of Federal Government and the division of legislative powers as provided for in the Australian Constitution. (Worth 5 marks) B. A discussion of at least two relevant High Court cases that address the division of legislative powers. In your discussion you should address how the law is related to, yet separate from politics. (Worth 10 marks) C. Your critical evaluation of whether the decisions discussed in (B) above undermine Australia’s system of Federal Government, having regard to the provisions of the Constitution and the intention of a Federal system. You must provide a justification for your conclusion. (Worth 10 marks)
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