LAWS3000 Constitutional law
Write in Australia English and based on Australia case law and constitution.
1) External Affair Power:
The scope of the external affairs power has been broadened far beyond what the framers of the Constitution intended. Discuss.
2) Executive Power:
In 2020 Professor Anne Twomey said the Minister "does not have the power" to make decisions in relation to the widely publicised and discussed sports grants. See this for further details: Using Professor Twomey's comments, drawing on the provisions contained in the Constitution and on relevant case law comment on the significance of this issue in relation to Ministerial powers.
3) Express rights and a bill of rights:
Constitutional law scholar and former Dean of the UNSW Law School Professor Williams and colleague Daniel Reynolds say: there is an ‘absence of human rights’ in Australia. From a constitutional law perspective (i.e and examination of the text of the Constitution) do you agree or disagree? Explain why. Source: George Williams and Daniel Reynolds, A Charter of Rights for Australia (UNSW Press, 4th ed, 2017) 88.
4) Implied rights and freedoms:
In Comcare v Banerji  HCA 23 (7 Aug 2019) the respondent, Michaela Banerji, an employee in the Department of Immigration and Citizenship, used the Twitter handle "@LaLegale" to broadcast more than 9,000 tweets, many of which were critical of that Department, its other employees, policies and administration, and Government and Opposition immigration policies and members of Parliament. Do you think this decision unduly restricts the implied freedom of political communications or not?
5) Freedom of interstate trade & intergovernmental immunities:
This year the HCA handed down a much anticipated decision - Palmer v WA ( this is the WA border closure / s 92 of the Constitution case). The HCA outline in the case why they rejected Clive Palmer's constitutional challenge to the WA COVID-19 border closure and said: 'Today the High Court unanimously, in separate judgments, found that the principal question reserved could be answered by reference to the provisions of the Act authorising the Directions. Section 92 was concerned with freedom from unjustified burdens of a discriminatory kind. The Court accepted that s 67 did impose a burden on interstate intercourse. However, by reference to the purpose of the provisions and the statutory constraints on the declaration of a state of emergency and the making of directions, the Court found that the burden was justified and the provisions, at least in their application to an emergency constituted by a hazard in the nature of a plague or epidemic, did not infringe the constitutional limitation in s 92.' Comment on the significance of this the words 'burdens of a discriminatory kind' in relation to this case and s92 of the Constitution.
6) Executive Power:
Discuss one aspect of Dr Greentree's In Conversation lecture that you found interesting and detail why this is significant in relation to executive powers.
7) Constitutional Change:
What constitutional law issues arise in the lyrics. Consider what you know about the framing of the Constitution and the sections of it that still permit and anticipate racism. What does constitutional change (via referendum) to acknowledge Indigneous peoples without Treaty / or Treaties mean? LYRICS to “Treaty” Well I heard it on the radio And I saw it on the television Back in 1988, all those talking politicians Words are easy, words are cheap Much cheaper than our priceless land But promises can disappear Just like writing in the sand Treaty.
This land was never given up This land was never bought and sold The planting of the union jack Never changed our law at all Now two river run their course Seperated for so long I'm dreaming of a brighter day When the waters will be one Treaty yeah, (Improvise, you improvise, you keep going, that's better) (You dance djatpangarri, that's good) (You dear things) Treaty ma' (Treaty now) Promises disappear - priceless land destiny Well I heard it on the radio And I saw it on the television But promises can be broken Just like writing in the sand Treaty yeah treaty now treaty yeah treaty now.
8. Ederalism and state constitutional law:
The Federal structure is no longer necessary nor desirable in modern Australia. Do you agree or disagree?