Unit 3: Law, governance and change

5 dot points across 5 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

How does the Constitution structure government in Australia?

the Constitution of the Commonwealth of Australia, the separation of powers and the division of powers

A focused QCE Unit 3 answer to the Constitution. Covers the separation of powers (legislative, executive, judicial), the division of powers (Commonwealth, state, concurrent, exclusive), and the leading cases including the Engineers Case.

5 min answer →

How do courts make and develop law through the doctrine of precedent?

the doctrine of precedent and the role of courts in making common law, including binding and persuasive precedent

A focused QCE Unit 3 answer to the doctrine of precedent. Covers stare decisis, binding versus persuasive precedent, ratio decidendi and obiter dicta, the operation of the court hierarchy, and how courts develop the common law alongside Parliament.

5 min answer →

What influences law reform in Australia?

the influences on law reform, including Law Reform Commissions, royal commissions, parliamentary committees, the media, and individuals

A focused QCE Unit 3 answer to the influences on law reform in Australia. Covers Law Reform Commissions, royal commissions, parliamentary committees, the media, NGOs and individuals, with case studies including the Bringing Them Home Report (1997) and the Royal Commission into Aboriginal Deaths in Custody (1991).

5 min answer →

How does section 109 of the Constitution resolve inconsistency between Commonwealth and state laws?

section 109 of the Constitution and its operation in concurrent areas of legislative power

A focused QCE Unit 3 answer to section 109 of the Constitution. Covers the three forms of inconsistency, the consequence (state law invalid to the extent of inconsistency), and the leading cases including Commonwealth v Australian Capital Territory (2013).

4 min answer →

How is statute law made by Parliament in Queensland and the Commonwealth?

the legislative process and the role of Parliament in making statute law, including the stages a bill passes through to become an Act

A focused QCE Unit 3 answer to parliamentary law-making. Covers the structure of the Queensland and Commonwealth Parliaments, the stages a bill passes through, the roles of the Governor and Governor-General, and the difference between an Act and delegated legislation.

5 min answer →