Unit 3: Law, governance and change

5 dot points, in syllabus order. Each dot point has a focused answer, with exam-style questions and worked answers where available.

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

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 read →

How does the Constitution structure government in Australia?

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

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 read →

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

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 read →

What influences law reform in Australia?

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

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 read →

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

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 read →