Critical legal analysis

The Australian Constitution “effectively and efficiently” establishes the ‘doctrine of the separation of powers”. Do you agree or disagree? Why?

In cases such as McBain v Victoria [2000] FCA 1009 section 109 of the Constitution is effective in making state laws inoperative where they are inconsistent with Commonwealth laws. Do you agree or disagree? Why?

In judgments following Minister of Immigration v Teoh (1995) 183 CLR 273, the High Court made it clear that a legitimate expectation” may not provide any real or certain expectation at all. Do you agree or disagree? Why?

In Lange v Australian Broadcasting Corporation [1997] 189 CLR 520 the High Court made a clear statement that it was not bound by its previous decisions. Do you agree or disagree? Why?

In the context of the purposive approach to statutory interpretation, Justice Kirby in Minister Administering The Crown Lands Act v NSW Aboriginal Land Council [2008] HCA 48 stated that: “A Court must be consistent in what it says and does in its approach to interpretation (whether of the Constitution, or of statute, contract, or other document). Otherwise, the Court will expose itself to criticism that its inconsistent approaches produce inconsistent outcomes.” Do you agree or disagree? Why?




































Sample Solution