which do you think is more effective in protecting and promoting the role of courts and the exercise of judicial powers

INSTRUCTIONS TO CANDIDATES

ANSWER ALL QUESTIONS

This assessment is a 2,000 word research essay that requires you to apply critical thinking skills in a structured analysis of one of the questions below.   It will also test your ability to research and incorporate relevant additional primary and secondary sources into the analysis. The aim of this assessment is to demonstrate an understanding of key principles of public law explored in the course and of how the courts have interpreted and applied these principles when adjudicating on matters that concern the lawfulness of government actions. Therefore, you are expected to also demonstrate an understanding of both the context in which these issues have arisen, and a critical understanding of the variant judicial opinions – including dissenting decisions – in this space. 

A marking rubric is included below to outline the key assessment criteria.

 Assessment questionS

 The topic of your research essay is to be selected from one of the questions below:

 1. The Australian Communist Party case and the Tasmanian Dams case both demonstrate that the doctrine of parliamentary supremacy may enable the dominance of legislative powers in times of national emergencies or when issues of significant national interest arise. What consequences does this have for public law doctrines such as the rule of law, federalism or the separation of powers (chose one of these doctrines in your analysis).

NB You are not limited in your analysis to only these 2 cases or these doctrines.

 2. Anti-terrorism measures adopted to protect the Australian community, and also the increasing ‘criminalisation’ of migration laws coupled with the ‘stop the boats’ policy, are both clear instances where the Australian government has enhanced executive powers that also appear to diminish the role of courts.  Discuss this enhancement of executive powers with respect to one of these government measures.

 3. Which do you think is more effective in protecting and promoting the role of courts and the exercise of judicial powers in order to protect us from intrusive or arbitrary government actions: the Boilermakers doctrine or the principle of legality?  Why?

Attachments:

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