VCE 3/4 LEGAL STUDIES Unit 3, Area of Study 2 The Constitution and the protection of rights

The Constitution and the protection of rights is a multifaceted area of Unit 3 and is typically broken down into two separate sections when it is studied. The first part of this area involves looking at the Constitution in terms of how it lays out and restricts the law-making power of the State and Commonwealth parliaments. Within this, the four types of powers delineated under the Constitution are explored, namely, specific, exclusive, concurrent and residual powers. The first part of the area then also looks at the mechanisms through which the Constitution can be changed. The three mechanisms which are looked at here include the process of referendum (S.128), referral of powers and High Court interpretation of the Constitution. The study of these processes and mechanisms also involve a look into strengths and weaknesses of each of them, as well as possible reasons for their success/failure (in terms of a referendum). The theoretical study is augmented by case studies of occasions where the change in the Constitution was successful (including an exploration as to possible reasons why this was so). The second part of this area involves looking at the Constitution in terms of how it protects the rights of Australian citizens. This involves exploration of structural protection, express rights and implied rights. Again, the role of the High Court in enforcing the protection of rights and examples of such cases are studied in this area. In order to give perspective to the methods via which Australias Constitution protect rights, Australias approach is then compared to one of four different countries (which are chosen by your teacher) including: South Africa, Canada, America or New Zealand. This is intended to raise awareness of different models through which rights can be protected. [Refer to the Study Design for more specific key knowledge points.]

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Elements you should have no trouble with:

These are key knowledge components which are fairly easy to understand and memorize. There are no real complexities, nuances or specifics that are likely to trip you up here. The division of law-making powers, including Specific (Exclusive/Concurrent) and Residual Restrictions imposed on the States/Commonwealth by the Constitution Factors affecting the likely success of a referendum The way in which one successful referendum changed the division of law-making power The capacity of states to refer power to the Commonwealth

Elements to look out for:

These are key knowledge components which are harder to understand and explain in an exam situation. They are more nuanced in nature and have little complexities and specifics which can cost marks if not included in a response. These also often need examples to clarify a point. It would pay to put time and effort into perfecting your understanding of these concepts as well as noting details.
The impact of Section 109: this is a minor nuance when looking at the types of powers laid out by the Constitution. In itself, its not complicated to understand or remember, but it is vital to understand that this is very specifically stated in the study design so you must know it well (with a relevant case). Also, when talking about concurrent powers this section should be mentioned as it ties very closely with the nature of these types of powers The referendum process: this process has quite a few stages to it (three) which have to be fairly detailed in responses. In particular, when talking about the people stage of the process, you must mention the double majority provision and explain it The role of the High Court: the role of the High Court in terms of enforcing rights and changing the Constitution is a fairly large part of the area. It is not simple either, to justify the role is plays and how it achieves certain outcomes. It is worth putting a lot of time into fully understanding the High Court. You must also thoroughly learn at least two cases regarding occasions where the High Court has changed the division of powers (via interpretation) and at least one occasion where the High Court has protected rights. The means by which the Constitution protects rights: this section again has quite a few parts to it. Often people can be tripped up by structural protection and implied rights. Learn to explain these proficiently and succinctly and again, case studies do help to clarify an answer on a SAC/Exam.

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Other general tips:

These are tips and pieces of advice that are generally applicable to all of Legal Studies, but the following are more tailored to AOS 1, Unit 3. Carefully read the relevant parts of the study design, including the unit and area summaries. This will give you a clear idea of the purpose of each section, and the umbrella area it relates to, hopefully leading to a better and broader understanding of the concepts and ideas. Read the key skills and key knowledge thoroughly so you know what can and cant be specifically asked, and the way in which examiners can ask it. Learn the various implications of terms such as Critically Evaluate, Distinguish etc. in the context of questions (Command Terms). More about this is posted on the Activate Education Facebook page. When studying strengths and weaknesses of anything in Legal Studies, try to find a strength and link it to a conjugate weakness. That way it will be easier to remember the two as a pair, and your writing will also flow much better and sound a lot more cohesive in analysis questions. Generally, textbooks and other resources will give many elements for a particular topic. For example, when discussing the role of the Upper House, your textbook may present you with 4-5 roles the Upper House has. It is in your best interest to pick 3 (or 4) of the most obvious and easy to remember ones, rather than try to remember every single reason given. You may have noticed now, that this area contains a lot of what can be considered reasonably difficult units. U3, AOS 2 forms quite a large part of the exam, so it is well worth investing a lot of time into this unit to perfect your knowledge as much as you can You may have realised that you are using words like Commonwealth quite often. Such words can be abbreviated to (in this case, Cth). However, use the full word the first time and bracket the abbreviation, which you may then proceed to use. By finding abbreviations like this you can save yourself a lot of time. Whilst the study design only specifies required knowledge of two section numbers (S109 and S128), it is well worth learning other section numbers, full case names, dates etc. if you can. Whilst it isnt essential, it will make your responses look more impressive.

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