LAWS11065 - Case Study For Mr Holiday - Section 51 (xxix) of The Constitution Head of Power - Australian Constitution - Law Assignmet Help

Assignment Task 

initiation

Instructions Sheet 

1. This paper comprises 3 Parts: A, B and C.  

2. Part A –consists of 5 short answer questions, each worth 2  marks . Answer all 5 questions. Each question  can be answered in a few sentences. 

3. For the second half of the paper, you may choose to answer  either Part B OR Part C. Do not answer both Part B and Part C. 

4. Part B consists of 2 questions. Part B requires longer answers than Part A, and should consist of a few paragraphs. Answer  both questions if you choose Part B

PART A 10 Marks ALL STUDENTS TO ANSWER PART A 

Question 1 Name three sources of constitutional law. 

Question 2 Explain the principle of separation of powers. What are the ‘powers’ referred to? Question 3 What is terra nullius? Which is the case where the majority held that this concept was  no longer to be applied to Australia? 

Question 4 Section 51 (xxix) of the Constitution is an important ‘head of power’. What power does  s 51 (xxix) grant to the Australian Parliament? Briefly explain how it operates. 

Question 5 s Name an implied right and explain a principle that supports it.

PART B 40 Marks 

IF ANSWERING PART B, DO NOT ANSWER PART C 

Question 1  

Sometimes a government may face a ‘hostile Senate’ when attempting to pass a Bill  into law. What is a ‘hostile Senate’? What is a mechanism which can be utilised to  resolve a deadlock of this nature? Explain with reference to at least one case. 

Question 2  

Name the express rights found in the Australian Constitution, and where they are  found. Using case law, explain the effectiveness of one of these rights.

ART C 

IF ANSWERING PART C, DO NOT ANSWER PART B 

Question 1  

Mr Holiday had a keen interest in politics. His interest dated back to his days at  University, where he studied law. His favourite subject was Constitutional law, which  he undertook with great enthusiasm. 

Upon graduation, Mr Holiday took up a graduate position at the Australian Tax Office  (ATO). After two years with the ATO, Mr Holiday felt a strong need to find his way to  Canberra, to get closer to the workings of Parliament. He decided that the best way to  do this would be to run for a seat in the Senate. He understood that the rules were that  to get your name on the ballot you needed the names of 500 supporters. He obtained  nearly 300 quickly, as all of his relatives and friends rallied around him, saying that he  could do a much better job than the ‘clowns’ currently sitting in Parliament. 

With commentators claiming an election was imminent, Holiday felt under great  pressure to get the 500 names behind him. He turned to social media, where he had a  vast array of followers, most of them already very politically minded, and involved in  various parties and campaigns. He asked these people to put their names forward to  support him, and soon had 1000 names in total. Feeling buoyed by this success, he  took leave without pay from his tax office job, and went out on the hustings – talking to  the people in his electorate. A friend designed a brochure for Mr Holiday to use on  election day. It had a picture of Holiday surrounded by followers in a local shopping  mall, and the words ‘Vote 1, 1, 1 for Holiday on the Senate Ballot!’ Holiday loved the brochure and immediately got 10,000 printed He started distributing them to letter  boxes in the area. Once the election was called, Mr Holiday stood outside of the local  voting centre, with brochures in hand. 

As the votes came in, the race was tight. However, Anthony Purple, an election  analyst, said that Holiday was in the lead. Holiday immediately quit his job. Purple’s  predictions were often correct, and this proved to be no exception. Holiday was sworn  in to Parliament when Parliament resumed. His maiden speech was well received,  resulting in rounds of applause and handshakes from all Senate members. Mr Holiday  could not have been happier. His dream of a life in politics was finally being realised. 

Holiday relished the fast paced, constantly evolving environment that the Parliament  afforded, and took to it like a duck to water. He began bargaining and negotiating,  blocking where he could any legislation that he felt did not work in favour of his  constituency. While Holiday felt he was doing the best for his representatives, there  were a few members in the major parties who labelled him a ‘trouble make They  saw him as deliberately blocking legislation to make their jobs harder.

Question 1 continued 

In an effort to discredit him, one member of the Senate sent her staffer on an  exploratory mission to dig up dirt on Holiday’s past. 

The staffer found that Holiday had led an honest and hard-working life and there was  nothing newsworthy to be found. Holiday had achieved excellent marks in year 12,  and moved on to do his law degree via distance at CQUniversity. He had been a  model employee at the ATO , and had been very clever in engaging the local  community and social media to rally support. However, despite Holiday being a model  citizen, the staffer noticed a few anomalies in his campaign. She told the Senator who  subsequently conveys to Holiday that he had better stop agitating in the Parliament, or  certain facts might come to light which would destroy his political career. Holiday was  confused by the comment, and tried to take his mind back to first year law. He  remembered some of what he had learned in Constitutional Law and was concerned  that he may have breached some of the rules, whilst on the campaign trail, but wasn’t  sure. 

Holiday asks you for advice. Has he breached any constitutional rules? Can he  maintain his seat in Parliament? What would a court be likely to find? 

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