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VICLegal Studies

Unit 4: The people and the law

4 dot points across 4 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

How does the doctrine of precedent shape lawmaking, and how do courts and parliament interact?

the doctrine of precedent and the relationship between courts and parliament in lawmaking
A focused VCE Unit 4 answer to the doctrine of precedent. Covers stare decisis, ratio decidendi and obiter dicta, the techniques of distinguishing, reversing, overruling and disapproving, and the dialogue between parliament and the courts.
5 min answer →

How does the Constitution protect rights in Australia?

the express rights in the Constitution and the implied freedom of political communication
A focused VCE Unit 4 answer to constitutional rights protection. Covers the five express rights (ss 41, 51(xxxi), 80, 116, 117) and the implied freedom of political communication established in Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106 and Lange v ABC (1997) 189 CLR 520.
6 min answer →

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

section 109 of the Australian Constitution and its significance for the division of powers
A focused VCE Unit 4 answer to section 109 of the Constitution. Covers the three forms of inconsistency, the consequence (invalidity of the state law to the extent of inconsistency), and the leading cases including the Engineers Case and Commonwealth v Australian Capital Territory (2013).
5 min answer →

How do courts interpret statutes and what is the effect on law?

the role of statutory interpretation by the courts
A focused VCE Unit 4 answer to statutory interpretation. Covers the purposive approach mandated by Interpretation of Legislation Act 1984 (Vic) s 35, the Acts Interpretation Act 1901 (Cth), intrinsic and extrinsic materials, and leading cases.
5 min answer →