The Australian Communist Party and Tasmanian Dams Case Study - Law Assignment Help

Assignment Task

Task

• 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.
• Topic Question:
• 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 of 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.
• Format/structure of RESEARCH essay
• This assignment is a research essay so should accord with usual essay writing conventions and include an introduction and conclusion.
• Preparation of your argument should be guided by the critical thinking approach we have explored in the course. Remember, this acts as a guide to support you in developing a logical structure and approach to critical thinking. Suggested steps to consider are:
• Decide on your key argument or position - do you agree or disagree with the proposition posed by the selected question. Work on formulating your overall argument or position in one clear statement.
• Develop a list of reasons to support your conclusion.
• Evaluate this list of reasons:
• For consistency with legal authority;
• consistency with theoretical doctrines such as, federalism or parliamentary sovereignty, etc; or
• any other criteria you wish to identify.
• Itemise your key points, for each point state:
• why it is relevant to the question;how it relates to the criteria you apply; and
• how it supports your overall position or argument.
• Write your conclusion, with reference to:
• The position you advance;The criteria you apply; and
• The key points you have made in support of your position.
• Good case analysis poor case analysis
• Identifies and explains key principles of public law raised in the decision Fails to identify and explain key principles of public law raised in the decision
• Identifies and explains the points of distinction between the majority and minority reasoning Fails to identify and explain the points of distinction between the majority and minority reasoning
• Includes additional primary and secondary sources as evidence of broader research beyond course content Fails to include additional primary and secondary sources as evidence of broader research beyond course content
• Appropriately references and pinpoints specific parts of the cases(s) when necessary (eg quotes, specific parts of judgment discussed) Poorly referenced and fails to identify specific parts of the case(s) when necessary (eg quotes, specific parts of judgment discussed)
• Independent explanation of significance of the case and the reasoning of the different judges with thoughtful and insightful comments Lacks independent explanation of why the case is important or how the different judges reasoned to reach the particular outcome
• Logically and clearly structured, well written Poorly written and structured

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