LAW1115 - Legal History Assignment - University of Southern Queensland

Assignment Task

Description

Write a traditional academic essay on one of two legal history topics.

You are an analytical academic essay of up to words on one of the following two questions. Each question is accompanied by a range of relevant secondary sources that have been selected to help you satisfy the research and referencing criterion.

1. This question deals with the Constitution of the United States. Your focus should be on its development in the late 18th century and early 19th century. Explain how all of the following political themes are given effect in the Constitution of the United States and the reasons for them.

a) Democracy

b) Federalism

c) The separation of powers

You must include some discussion of arguments for each of these political themes set out in The Federalist Papers

2. Section 24 of the Australian Courts Act 1828 (UK) provided for laws and statutes in force in England as of 25 July 1828 to be applied in New South Wales and Van Dieman’s Land ‘so far as the same can be applied within the said colonies’. Answer all of the following sub-questions:

• Why was s 24 passed?
• How much English law was received in New South Wales (including Queensland and Victoria) and Tasmania?
• Are there any instances in which courts found that English law could not be applied in in these colonies and States?

How many words you devote to each of the three sub-questions is entirely within your own discretion, and it is not assumed that any sub-question is more important than the other. You need to address all three sub-questions but this does not mean that they need to provide the structure and headings of the essay.

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