Principles of Public Law - Australian Communist Party Case - Tasmanian Dams Case - Anti Terrorism Measures - Essay Writing - Assessment Answer
Assessment Task:

ASSESSMENT QUESTIONS

The topic of your research essay is to be selected from one of the questions below:

1. The Australian Communist Party case and the Tasmanian Dams case both demonstrate that the doctrine of parliamentary supremacy may enable the dominance of legislative powers in times of national emergencies or when issues of significant national interest arise. What consequences does this have for public law doctrines such as the rule of law, federalism or the separation of powers (chose one of these doctrines in your analysis). NB You are not limited in your analysis to only these 2 cases or these doctrines.

2. Anti-terrorism measures adopted to protect the Australian community, and also the increasing ‘criminalisation’ of migration laws coupled with the ‘stop the boats’ policy, are both clear instances where the Australian government has enhanced executive powers and diminished the role of courts. Discuss this enhancement of executive powers with respect to one of these government measures.

3. Which do you think is more effective in protecting and promoting the role of courts and the exercise of valid judicial powers, the Boilermakers doctrine or the Principle of legality? Why?

FORMAT/STRUCTURE OF RESEARCH ESSAY

1. This assignment is a research essay so should accord with usual essay writing conventions and include an introduction and conclusion.

2. Preparation of your argument should be guided by the critical thinking approach we have explored in the course. Remember, this acts as a guide to support you in developing a logical structure and approach to critical thinking. Suggested steps to consider are:

  •  Decide on your key argument or position - do you agree or disagree with the proposition posed by the selected question. Work on formulating your overall argument or position in one clear statement.
  •  Develop a list of reasons to support your conclusion.
  •  Evaluate this list of reasons:

o For consistency with legal authority;
o consistency with theoretical doctrines such as federalism or parliamentarynsovereignty, etc; or
o any other criteria you wish to identify.

1. Itemize your key points, for each point state:

o why it is relevant to the question;
o how it relates to the criteria you apply; and
o how it supports your overall position or argument.

2. Write your conclusion, with reference to:

o The position you advance;
o The criteria you apply; and
o The key points you have made in support of your position.

3. Working through the critical thinking steps provides a coherent approach to your analysis. This analysis should be supported by primary authority, including case law. Some tips on how to evaluate legal decisions in support of your arguments are provided in the table below.

 

Principles of Public Law Australian Communist Party Case Tasmanian Dams Case - Anti Terrorism Measures - Essay Writing - Assessment Answer

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  • Posted on : September 21st, 2018
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