Contemporary Constitutional Law Cases What the Syllabus Says we must teach 2A types of laws made by parliaments courts and subordinate authorities the court hierarchy rules of statutory interpretation and the doctrine of precedent ID: 634904
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Slide1
PLEWA Joint Panel Presentation
Contemporary Constitutional Law CasesSlide2
What the Syllabus Says we must teach
2A
types
of laws made by parliaments, courts and subordinate authorities
the court hierarchy, rules of statutory interpretation and the doctrine of precedent
key processes of civil and criminal trials in Western Australia
at least one contemporary issue involving the judicial process*.
2B
W
ays
individuals and political parties and pressure groups can participate in Australia’s electoral processes
at least one contemporary issue
centering
on representation* Slide3
Harriton V Stephens (2006)
Wrongful Life Case
How can we use it in P&L?
Look at the old ‘Law and Society’
values that underpin our laws
Major Social Values – Right for Life
Protection of the Weak
Functions of law
To promote and represent the values and aspirations of a community
Characteristics of effective laws
Respected and acknowledged by the community
Applies universally without arbitrary discrimination against or in favour of a particular social groups or individuals
It has a degree of flexibility in its application to cover various situations.Slide4
Harriton V Stephens (2006)
Judges Precedent and Common Law
Look at how Judges make law
Evolution of the tort of negligence
See handout
Emphasis on how courts interpret past decisions
‘Duty of care and the neighbour principle’
Look at two judgements Crennan and Kirby (dissenting) small discussion on activism and legalism in judicial interpretation.Slide5
Harriton V Stephens (2006)
Adversarial
Court
hirerachy
Appeals
Legal Process
Civil
Damages Slide6
Elections and representation
Roach and Rowe
Principles of fair elections
Achievement of electoral rights
How individuals and Pressure groups can participate in Australia's electoral process.Slide7
What the Syllabus Says we must teach
3A
lawmaking process in parliament and the courts
with reference to the influence of:
individuals
pressure groups
role and powers of the High Court of Australia including Sections 71, 73, 74, 75, 76
methods of judicial interpretation:
legalism and activism with reference to at least one common law decision and one constitutional decision.Slide8
What the Syllabus Says we must teach
3B
the accountability of parliament
through elections to the House of Representatives and the Senate
types of rights:
civil
political
economic social
cultural
the ways of protecting rights in Australia including constitutional, common law and statutory rights and in one other country
the status of international covenants, protocols and treaties in protecting human rights in AustraliaSlide9
lawmaking
process
With respect to:
Individuals – Roach
Pressure Groups – Rowe
Get up as the leader in this action against the government
Role of High Court:
In relation to electoral rights Application and interpretation of the Constitution
Significance of the judgements :
Activist v Legalist
Constitutional – Rowe
Landmark?Slide10
Elections
Electoral Rights and freedoms
Roach
Voting in elections for the Parliament lies at the very heart of the system of government for which the Constitution provides. This central concept is reflected in the detailed provisions for the election of the Parliament of the Commonwealth in what is otherwise a comparatively brief constitutional text …
McGinty
does not deny the existence of a constitutional bedrock when what is at stake is legislative disqualification of some citizens from exercise of the franchise. Slide11
Rowe
Constitutional law decision
–
impact on electoral process
How High Court ruling allowed people to register to vote after the issue of write. Ruled changes to Electoral Act unconstitutionalSlide12
Impact of Rowe on the 2010 election
2010 federal election differed in some respects from recent previous federal elections.
Interesting point for dinner party conversation - a federal election had not been held in winter since 1987.
The decision in Rowe v Electoral Commission effectively restored the close of rolls period to seven days following the issue of writs which resulted in an unanticipated additional workload for the Australian Electoral Commission in processing of almost 100 000 enrolment transactions.Slide13
Impact of Rowe on the 2010 election
AEC were required to process enrolment applications received after the two original enrolment cut off dates but which were received on or before 8pm Monday July 26 2010.
This processing added 57 732 new electors to the electoral roll and 40 408 changes to enrolment details.
Look at the Stats for distribution few marginal seats had got additional electors which would benefit one party in that area.Slide14
Impact of Rowe on the 2010 election
Added point of interest on 13 August (which was a Friday)
The federal Court upheld the use of a digital signature in completing a claim for enrolment.
Getup Ltd v Electoral Commissioner (2010) FCA869
The federal court held that a claim for enrolment completed on Getup’s ‘
ozenrol
’ website and signed digitally by Ms Sophie
Trevitt
using a digital pen on a track-pad and witnessed using the same technology met the requirements of the Commonwealth Electoral Act. Ms
Trevitt
was subsequently added to the electoral roll and was able to vote in the 2010 election.Slide15
Rights
Roach
The
case was launched by an individual, Vicki Lee Roach, in order to protect the violation of her rights. The right in question was the right to vote, which Ms Roach believed was infringed by amendments to the
Electoral Act
.