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A multitude of significant legal and social issues face individuals and groups alike in Australian society on a day-to-day basis. In order to effectively manage these issues and move through the legal and moral mindfield that beckons, it is important for young people to be informed of their legal positions, rights, responsibilities and duties in relation to anything and everything around them (Eekelaark, 1992). As a result of completing a course in Legal Studies, young people in their senior phase of learning stand to develop an enhanced ability to recognise and discuss diverse legal situations and issues that arise throughout their time at school as well as in their lives beyond the classroom. Through the processes of critical analysis, examination and problem solving, Legal Studies students are empowered to make decisions which may benefit themselves and the communities at large (Citizenship Foundation, 2012). For this reason, the incorporation of values and values-based education is becoming increasingly important, signalled by national policy documents and values education-centric syllabus structures across Australia. The learning experiences of students in particular relevance to Legal Studies should incorporate a number values and notions related to social justice and equity for all, as these values lie at the core of the Australian law and justice systems as we know it (Connell, 1993).
Legal Studies by notion, is intended to provide the opportunity for students in their senior years of schooling to develop the knowledge, the application and tangible skills, as well as the attitudes and values, necessary to enhance their awareness and ability to participate actively as more informed, proactive and critical members of a de...
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...Young people's understanding of society. London, UK: Taylor & Francis.
Ministerial Council for Education, Early Childhood Development and Youth Affairs (MCEECDYA). (2008). Melbourne Declaration on Educational Goals for Young Australians. Retrieved from Ministerial Council for Education, Early Childhood Development and Youth Affairs website http://www.mceecdya.edu.au/verve/_resources/National_Declaration_on_the_Educational_Goals_for_Young_Australians.pdf
Morris, P. & Morris E. (2006). Constructing the Good Citizen in Hong Kong: Values Promoted in the School Curriculum. Asia Pacific Journal of Education, 20(1), 36-52.
The State of Queensland (Queensland Studies Authority). (2007). Legal Studies Senior Syllabus 2007. Retrieved from Queensland Government: Queensland Studies Authority website http://www.qsa.qld.edu.au/downloads/senior/snr_legal_studies_07_syll.pdf
The milestone judicial decision in Cole v Whitfield pronounced a pivotal moment in Australian jurisprudence in relation to the interpretation of s92 of the Australian constitution. This essay will critically analyse the constitutional interpretation approach utilised in Cole v Whitfield. This method will be compared with the interpretational methods exemplified in Commonwealth v Australian Capital Territory. Although within these two cases there appears to be a preference towards a particular interpretational method, each mode has both strengths and weaknesses. Accordingly, the merit of each should be employed in conjunction with one another, where the court deems fit, complementing each other. This may provide a holistic approach to interpreting the constitution.
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
The Australian Legal System encompasses a distinct adversarial court system which serves to enforce the primacy of the rule of law through its hierarchical structure. It is built upon the continuously developing system of common law, perceived as ‘the greatest achievement of Western Civilisation’, enticing to uphold justice and ensure confidence in the judiciary. This report will discuss the validity of the statement through exploring the two tiers of justice, equal access to justice, and the legal profession.
Law Foundation, L.F. 1997. A Bill of Rights for Australia - But do we need it? [Online]. [20th December 2016]. Available from:
This essay will hold a discussion regarding two main principles: fairness and justice. In particular, to what extent Australian legal system is based on fairness and justice?
Struggles by Aboriginal and Torres Strait islander people for recognition of their rights and interests have been long and arduous (Choo & Hollobach 2003:5). The ‘watershed’ decision made by the High Court of Australia in 1992 (Mabo v Queensland) paved the way for Indigenous Australians to obtain what was ‘stolen’ from them in 1788 when the British ‘invaded’ (ATSIC:1988). The focus of legislation in the past w...
Law reform is a crucial aspect of the Australian legal system due to its operation significantly contributing to the types of laws that are in effect at any time in society. The following report delineates the definition of law reform, the conditions that give rise to law reform, the agencies of law reform, the mechanisms of law reform, as well as the law reform process. It divulges these main aspects regarding law reform as a whole and incorporates a case study to further the salience of this particular feature to the functionality of the legal system.
Nowadays, the Australian legal system has three powers, which are legislative, executive and judicial. Legislative power is in charge of making the laws; subsequently those laws will be passed to the executive power to administer the laws it...
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
The development of a national curriculum for Australia is not a new endeavour (Marsh, 2010). The ideal is that national curriculum across Australia would mean that students are provided with a quality education that helps to shape the lives of the nations citizens and continue developing the productivity and quality of life within Australia. The Australian Curriculum Assessment and Reporting Authority [ACARA] have the task of developing and implementing a nationwide curriculum. ACARA (n.d.-c) claims have addressed needs of young Australians while considering that changing ways in learning and challenges will continue to shape students education in the future. A look at what the Australian Curriculum is, its purpose, structure and scope, learning theories and teaching processes and whether the curriculum has the capacity to meet the needs of 21st century learners will show that the initial construction of a national curriculum appears to be successful. However, the effectiveness of the Australian Curriculum will only be able to be evaluated in the future after implementation across the country.
Ministerial Council for Education, Early Childhood Development and Youth Affairs (2008). The Melbourne Declaration on Educational Goals for Young Australians. Retrieved from http://www.curriculum.edu.au/verve/_resources/National_Declaration_on_the_Educational_Goals_for_Young_Australians.pdf
The separation between law and ethics has become a central pillar of most legal systems. This essay will review three articles that discuss insights relevant to this topic and acknowledge strengths and weaknesses that contribute to my understanding of this issue. First, Sheppard discusses the role of ethics, law and justice in society and how the state’s role becomes important when enshrining these laws. Second, Wendel analyses this issue through the lenses of the torture memos which were used to justify torture by the American government and how laws and morals were involved. Lastly, Campbell demonstrates the importance of why unanimous decisions are needed in judicial systems and how they could possibly collapse without them and how concepts such as legal validity, desirability, the ‘separability thesis’ and rules of recognition would stop this from happening. These articles show comprehensively that for harmonisation of law and ethics to become normal, a clear acceptance of certain standards would have to be articulated before such was to occur, because if such did not happen the disconnect would lead to differences becoming present and disruptive.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
Law is the framework which applies to members of the community and sets the binding values and standards recognized by its subjects. It regulates their behaviour and it reflects the principles ...
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...