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HES6793 Construction Law

tag 0 Download 16 Pages / 3,916 Words tag 19-07-2021

Question:

Read Understanding Law (6th Edition) by Chisholm and Nettheim, Chapter 5:  Where Does the Law Come From:

  • What happens when legislation is passed?
  • Outline in a simple flowchart the standard legislative procedure.
  • What is delegated legislation?

Read Understanding Law (6th Edition) by Chisholm and Nettheim, Chapter 6: 

  • What are some of the limits of legislative power?
  • What are the limits set by the Commonwealth constitution?
  • Why is it important to have legislative power restricted?
  • Do you think the above example demonstrates that the Courts have too much discretion under the common law?  
  • What are the implications for the above decision in Triple "C"?
  • Find another example of where the courts have interpreted a phrase or word without any statutory assistance, as in the above example.   Has that been later overruled / applied, and if so what are the implications?

Read Understanding Law (6th Edition) by Chisholm and Nettheim, Chapter 4: 

  • What is the difference between ratio decidendo and obiter dicta?
  • Explain the concept of precedent.
  • How can a judge make law (ie what is the process)?
  • Consider each of the above approaches and state the advantages and disadvantages of each one.  
  • Which interpretation method do you believe is more appropriate in today's society?
  • Do you think it is important to have different interpretation methods, or should judges only be allowed to use one method.  Explain your answer.

Read Understanding Law (6th Edition) by Chisholm and Nettheim, Chapter 7: 

  • What are some of the considerations when interpreting legislation?
  • How do courts interpret statute?
  • Are there different interpretation rules when interpreting the Commonwealth constitution?
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My Assignment Help. HES6793 Construction Law [Internet]. My Assignment Help. 2021 [cited 28 January 2023]. Available from: https://myassignmenthelp.com/free-samples/hes6793-construction-law/school-of-engineering-and-science.html.


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