CONSTITUTIONAL LAW 2018
CASE STUDY ASSESSMENT TASK
LENGTH: 2000 phrases. Please notice that you should not exceed 2000 phrases.
This project is price 40% of your ultimate mark and might be marked out of 40.
Please select one of many circumstances from this record:
Kartinyeri v Commonwealth (1998) 195 CLR 337.
Levy v Victoria (1997) 189 CLR 579.
Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51.
South Australia v Totani (2010) 242 CLR 1
You might be required to put in writing a case research of the case. The case research needs to be written in essay format. For the needs of the case research, it’s essential:
1) Set out succinctly and clearly the details and authorized problems with the case.
2) Clarify the Excessive Courtroom reasoning within the case. It is best to cowl the reasoning of each the bulk and minority judges. Please present an opinion on whether or not the reasoning within the judgments was acceptable or persuasive and why.
three) Clarify the importance of the case for the event of constitutional regulation.
four) Clarify the political and/or social significance of the case. Right here you can additionally think about whether or not the Excessive Courtroom judges took the political and/or social significance of their determination into consideration of their judgment/s.
HOW TO SET ABOUT THE CASE STUDY
Firstly learn the part/s of the textbook and research information wherein the case is mentioned. This can provide help to put the case in context, when it comes to the place it sits in constitutional regulation. You can too learn extracts on the case from different constitutional regulation textbooks.
Then discover the case on-line and browse it. Observe that the AGLC recommends that you simply use CLR references the place obtainable in citing circumstances. You possibly can obtain the CLR stories from the Westlaw AU database, which you’ll entry through the library web site.
Constitutional regulation circumstances are complicated and lengthy and you might discover it troublesome to work out what the judges are saying. Through the years the Excessive Courtroom judges have developed extra accessible and structured judgment writing kinds however the reasoning in these circumstances can nonetheless be very obscure, notably if you find yourself encountering it for the primary time. Take into account that you’re writing a 2000 phrase essay and that explaining the reasoning is just one a part of what it’s important to do. You want to have the ability to work out what’s vital and vital in regards to the case and search for the paragraphs in every judgment wherein that is coated. Then you need to summarise this reasoning and take into consideration whether or not the reasoning is suitable. Do you agree with the choice? Why or why not? Do you assume that the judges ought to have taken different elements under consideration? It’s possible you’ll conclude that the reasoning of the minority judges is extra persuasive or acceptable and if that’s the case you need to clarify this.
There’s a whole lot of educational commentary on constitutional regulation circumstances and this can provide help to with this process. Just be sure you reference as required in case you are utilizing this commentary in your case research.
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