Constitutional Law Assignment 20% Student need to choose any of the following topics Research Essay Topic 1. The real political and constitutional power in Australia is vested not in the Prime...

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AGLC Citation. The writing should be in IRAC method and reference should be recent Australian Case law and legislation
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Constitutional Law Assignment 20% Student need to choose any of the following topics Research Essay Topic 1.   The real political and constitutional power in Australia is vested not in the Prime Minister, Cabinet or Parliament, but in unelected officials, such as judges and the Governor-General.   Do you agree or disagree with this statement? Discuss by reference to cases and concepts studied in the course.   OR Research Essay Topic 2.   In relation to the Work Choices case of 2006 (i.e.: NSW v The Commonwealth (2006) 229 CLR 1), the following statement appeared in a newspaper opinion:   For the States…the Work Choices case was lost as far back in 1920…in the Engineers’ case and discarded(abandon,discontinue) any idea of a balance between federal and state power,…the reach of the corporations power, as validated by the majority…has the capacity to obliterate (destroy) powers of the state - The Age, 15 November 2006.   Do you agree or disagree with this statement? Discuss by reference to cases and concepts studied in the course. Please note: 1. The assignment is an individual task to be undertaken by each student. 2. The assignment is compulsory. 3. The assignment must be submitted via Turnitin on Canvas. 4. Worth: It is worth 30% of the final assessment mark. 5. Length: No greater than 2500 words. 6. As this assignment forms a significant portion of the final mark, research, presentation, grammatical structure and expression will all form part of the quality of the work presented and attention should be paid to each of these aspects in the presentation of the final work.   Marking Rubric Marking Criteria HD DI CR PA NN 1. Knowledge & Understanding of the Topic 50% Effective use of materials; comprehensive identification and discussion of issues Appropriate use of materials; good identification and discussion of issues Good use of materials; majority of relevant issues identified and discussed. Some relevant materials overlooked; some use of materials; possibly some misunderstanding of issues or materials Relevant materials overlooked or misunderstood; failure to identify and discuss relevant issues 2. Analysis & Argument 40% Thorough analysis deals effectively with complexity of issues; persuasively argued throughout, contrary arguments anticipated, good critical evaluation of material. Good analysis, argument well-developed and supported, some critical evaluation of materials. Some analysis of issues; argument may be under-developed or unpersuasive, synthesis of materials with limited critical evaluation. Mainly descriptive with little analysis of issues; basic argument is unclear or undeveloped or not well supported, some reference to relevant material. Insufficient analysis, argument is lacking or unsound, failure to use relevant materials, or use of materials may indicate confusion or misunderstanding. 3. Writing, Presentation & Referencing 10% Clear and logical structure & organisation; precise and concise writing. Proficiency in expression, grammar, spelling or punctuation; full and accurate citation of authorities and sources; thoroughly edited. Suitable and coherent structure & organisation; generally well written. Occasional minor flaws in expression, grammar, spelling or punctuation; authorities and sources are generally cited correctly; well edited Generally coherent structure & organisation with occasional deficiencies; reasonably well written. Some flaws in expression, grammar, spelling or punctuation; missing, incomplete or incorrect footnote citations; oversights in editing Some defects in structure and organisation; writing may be difficult to follow in parts. Flaws in expression, grammar, spelling or punctuation; a number of missing, incomplete or incorrect footnote citations; editing with little care Structure and organisation incoherent or lacking; poorly written, difficult to follow. Frequent or repeated flaws in expression, grammar, spelling or punctuation; inadequate citation of sources; poor editing
Answered Same DayApr 23, 2020

Answer To: Constitutional Law Assignment 20% Student need to choose any of the following topics Research...

Karan answered on Apr 25 2020
147 Votes
Constitutional Law
TABLE OF CONTENTS
INTRODUCTION    2
The Australian system of government    2
Separation of Powers    4
Opinion in the favour or against of the statement    5
CONCLUSION    7
REFERENCES    8
INTRODUCTION
Constitution plays significant role as it support in protecting the freedom and right of individuals within the nation along with defining the fundamental principle that directly governs the nation. Under the principle of
constitution power to govern is mainly distributed among the parliament, the executive and the judiciary[footnoteRef:1]. The present report mainly review the statement that is the real political and constitutional power in Australia is vested not in the Prime Minister, Cabinet or Parliament, but in unelected officials, such as judges and the Governor-General. Furthermore, argument in the favor and against has been taken into the consideration. [1: Loveland ID, editor. Constitutional law. Routledge; 2018 Jan 18.]
The real political and constitutional power in Australia is vested not in the Prime Minister, Cabinet or Parliament, but in unelected officials, such as judges and the Governor-General
The Australian system of government
Australia is considered as the union of six States which, together with two self-governing Territories, have their own constitutions, parliaments, governments and laws. The executive government of Australia mainly includes-
    
    How can be achieved
    Formal appointment pursuant to constitution
    Constitutional functions and roles
    Functions in practice
    Sovereign
    Inherited
    
    It is the head of executive government and consider as one of significant aspect of parliament.
It appoints Governor-General of Australia[footnoteRef:2]. [2: Hirschl R. Comparative Matters: The Renaissance of Comparative Constitutional Law. Oxford University Press, USA; 2014.]
    Consider as head of the state implement healthy and effective practices in government.
It also practiced or performs accordant with the advice provided by the Prime Minister.
    Governor-General
    Nominated by the Prime Minster
    The formal appointment is given by sovereign so that he may act as her representative in Australia.
    The Queen represents Governor-General as head of Executive.
The key constitutional function is to represent self as Australia and features neutral aspect in the parliament[footnoteRef:3]. [3: Tushnet M. Advanced introduction to comparative constitutional law. Edward Elgar Publishing; (2018) Mar 2.]
    In the practice he perform function of Head of the State.
However, in each of the matter and situation takes advice by Prime minister.
In the scenario he also reserves all of the authority and powers to act independently in the situation of emergencies.
    Prime Minister
    Leader of the party mainly elected through internal process that engages in taking effective decision that ultimately benefit the nation.
He also get majority of votes and support from the House of Representative.
    Constituted as the Minister of States.
    The positron of Prime Minister is not listed or recognised in the constitution.
There is no function and role of Prime Minister towards the constitution[footnoteRef:4]. [4: Roux T. Reinterpreting the Mason Court Revolution: An Historical Institutionalist Account of Judge-Driven Constitutional Transformation in Australia. Fed. L. Rev.. (2015) ;43:1.]
    While applying the conventions it has been stated that Governor-General has commission the prime minister.
    Ministers
    They are the one mainly selected by the Prime Minister so that they may perform effective practices within the government.
However, they have also achieved their position through internal party processes[footnoteRef:5]. [5: Barber, Nicholas W. "Legal Inconsistency and the Emergence of States." (2017).]
    The formal appointment is given by the Governor-General as minister of the state.
    The constitutional function of minister is to impart proper advices so that Governor-general takes effective decision for the overall nation.
    Senior ministers are focusing on handling large number of crucial department.
However, Junior Ministers are allowed to charge and monitor the small department as well as help other minister so that it may easily support the proper administration of large department in the constitution.
    Executive...
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