Legal Studies Unit 4: People, the law and reform

Prerequisites

Legal Studies Unit 3.

Course Description

The study of Australia’s laws and legal system includes an understanding of institutions that make and reform our laws. In this unit, students explore how the Australian Constitution establishes the law-making powers of the Commonwealth and state parliaments, and how it protects the Australian people through structures that act as a check on parliament in law-making. Students develop an understanding of the significance of the High Court in protecting and interpreting the Australian Constitution. They investigate parliament and the courts, and the relationship between the two in law-making, and consider the roles of the individual, the media and law reform bodies in influencing changes to the law, and past and future constitutional reform. Throughout this unit, students apply legal reasoning and information to actual and/or hypothetical scenarios.

Areas of Study

The people and the law-makers

The Australian Constitution establishes Australia’s parliamentary system and provides mechanisms to ensure that parliament does not make laws beyond its powers. Parliament is the supreme law-making body, and courts have a complementary role to parliament in making laws. Courts can make laws through the doctrine of precedent and through statutory interpretation when determining cases.

In this area of study, students examine the ways in which the Australian Constitution acts as a check on parliament in law-making, and factors that affect the ability of parliament and courts to make law. They explore the relationship between parliament and courts in law-making and consider the capacity of both institutions to make law.

The people and reform

Laws should reflect the needs of society, but they can become outdated. Individuals and groups can actively participate to influence change to laws, and law reform bodies (including the Victorian Law Reform Commission, parliamentary committees, and Royal Commissions) can investigate and make recommendations for change. Laws can be changed by parliament and the courts, while constitutional reform requires a referendum.

In this area of study, students investigate the need for law reform and the means by which individuals and groups can influence change in the law. Students draw on examples of individuals, groups and the media influencing law reform, as well as examples from the past four years of inquiries of law reform bodies. Students examine the relationship between the Australian people and the Australian Constitution, the reasons for and processes of constitutional reform, the successful 1967 referendum and calls for future constitutional reform, such as that articulated by the 2017 Uluru Statement from the Heart.

Assessment

Outcomes	Assessment Tasks	Marks Allocated
Outcomes	(school-assessed coursework)	Marks Allocated
Discuss the ability of parliament and courts to make law and evaluate the means by which the Australian Constitution acts as a check on parliament in law-making	Case study or test or essay or folio of exercises.	60
Explain the reasons for law reform and constitutional reform, discuss the ability of individuals to change the Australian Constitution and influence a change in the law, and evaluate the ability of law reform bodies to influence a change in the law	Case study or test or essay or folio of exercises.	40
Total Marks		100

Overall Final Assessment

Graded Assessment	Title	Assessment	Exam Duration	Contribution to Study Score (%)
1	Unit 3 Coursework	School-assessed		25
2	Unit 4 Coursework	School-assessed		25
3	Written Examination	November	2 hours	50