YEAR 12 POLITICS AND LAW
COURSE OUTLINE, 2015
Mrs. Wilder
Name: ___________________
Commonwealth
Constitution
Leg, Exec,
Judicial power
compared to
USA
Exec power and
1975 case study
Framework of power
(3A)
Federalism
Comm. & state powers
Comm. financial powers
Change in federal balance
Forms of federalism &
Australia
Issues of accountability (3B)
Constitutional
change
Methods and
significance
Case study
Accountability and parliament
Elections and power structures
Parliamentary committees, inquiries
and procedures
Accountability and the executive and
public servants
Through CMR & IMR
Through parliamentary procedures and
inquiries
Through Royal Commissions
Through administrative tribunals
Through judicial review
The exercise of power (3A)
Legislature power
Legislation and
power in the Federal
Parliament
Decline of parliament
thesis
Executive power
Role and powers of the GG
R&P of PM, cabinet and the
ministry PM R&P of opposition
and shadow ministry
Legislation and competing
mandates
Judicial power
R&P of High Court
Constitutional and
Appellant impacts
Accountability of the GG incl.1975
Accountability and the courts
Through appeals
Through parliamentary scrutiny and
legislation
Through transparent processes and public
confidence
Through censure and removal of judges
Participation(3A)
Participation
Impact on law making in
parliament and courts of:
o
individuals
o pressure groups
o political parties
Quality of participation: rights &democratic principles
(3B)
Rights and law
Defining human rights
Types of rights
Rights and Australian law/
comparison one other
country
International frameworks
Bills of Rights
Democratic principles
Representation, popular
participation, rule of law,
judicial independence,
natural justice, exercising
of power in Australia and
another country
Quality of
political and
legal experience
Aust. Aboriginals
case study/
Islamic
community
UNIT 3APAL
Unit description
The unit description provides the focus for teaching the specific unit content.
The focus for this unit is political and legal power. Students critically examine the roles and powers of the legislative, executive and judicial branches of
government. They consider the influence of individuals, political parties and pressure groups on the lawmaking process of parliament and the courts. The
operation of federalism and the balance of power between the Commonwealth and the State governments in Australia is also critically examined. Political and
legal issues are used to provide a contemporary context for the course.
Unit content
This unit builds on the content covered by the previous units. It is recommended that students studying Stage 3 have completed Stage 2 units.
This unit includes knowledge, understandings and skills to the degree of complexity described below. This is the examinable content of the course.
Prescribed learning context
The context of this unit is political and legal power, with a focus on Australia’s political and legal system.
Essential to the understanding of political and legal power is the knowledge of responsible government, representative government, separation of powers,
division of powers and Westminster conventions.
Political and legal systems


legislative, executive and judicial powers with reference to the Commonwealth Constitution (Australia) and with comparisons to one non-Westminster
political and legal system
functions of the commonwealth parliament in theory and in practice including Sections 7, 24, 51, 53, and the decline of parliament thesis
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roles and powers of the Governor General including Sections 61, 62, 63, 64, 68, 28 and 57
roles and powers of the Prime Minister, cabinet and the ministry
roles and powers of the opposition and the shadow ministry at the commonwealth level
political mandates in theory and in practice including competing mandates
lawmaking process in parliament and the courts
with reference to the influence of:

individuals

political parties

pressure groups
role and powers of the High Court of Australia including Sections 71, 73, 74, 75, 76
federalism in Australia

constitutional powers of state and commonwealth parliaments including exclusive, concurrent and residual powers, Sections 51, 52, 86, 90, 107 and
109

financial powers of the commonwealth parliament including taxation power, Loans Council, tied or special purpose grants including Sections 51(ii), 86,
87, 90, 92, 96, 105A

change in the balance of power since federation, including increasing commonwealth power due to:
o
financial powers including vertical fiscal imbalance and horizontal fiscal equalisation, the Grants Commission
o
referral of powers Section 51(xxxvii)
o
COAG
o
co-operative federalism as opposed to coercive federalism
o
High Court decisions, external affairs power Section 51 (xxix), corporations power Section 51(xx)
methods of constitutional change:

referendums including Section 128

High Court decisions

referral of powers

unchallenged legislation
methods of judicial interpretation:

legalism and activism with reference to at least one common law decision and one constitutional decision.
Political and legal issues



at least one reform proposal to change the Commonwealth Constitution (Australia) such as the Republic; reference to indigenous Australians in the
Commonwealth Constitution (Australia); the Senate including Sections 24, 53, 57; a Charter of Rights*
at least one contemporary issue relating to political power*
at least one contemporary issue relating to legal power*.
UNIT 3BPAL
Unit description
The unit description provides the focus for teaching the specific unit content.
The focus for this unit is rights and governance. Students critically examine the structures, processes and procedures of accountability in relation to the
legislative, executive and judicial branches of government. The protection of rights in Australia and one other country and the ways in which democratic
principles can be upheld or undermined in Australia and one other country are also critically examined. Political and legal issues are used to provide a
contemporary context for the course.
Unit content
This unit builds on the content covered by Unit 3APAL. It is recommended that students studying Stage 3 have completed Stage 2 units.
This unit includes knowledge, understandings and skills to the degree of complexity described below. This is the examinable content of the course.
Prescribed learning context
The context of this unit is rights and governance, with a focus on Australia’s political and legal system.
Essential to the understanding of rights and governance are the practices of governance including democracy, participation, the rule of law, rights, open
government, consensus, effectiveness, accountability, natural justice and equity.
Political and legal systems

the accountability of parliament



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
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


through elections to the House of Representatives and the Senate
through the committee system including the Privileges Committee
within the procedures and processes of parliament
through judicial review
the accountability of the executive and public servants

through collective and individual ministerial responsibility

within parliament’s role including Senate Estimates, Standing Committees, Government Inquiries

through other methods of accountability including the Commonwealth Auditor General and Royal Commissions

through tribunals including the Administrative Appeals Tribunal (AAT)

through judicial review
the accountability of the Governor General including ‘the 1975 crisis’
the accountability of the courts

through the appeals process

through parliamentary scrutiny and legislation

through transparent processes and public confidence

through the censure and removal of judges
types of rights:

civil

political

economic

social

cultural
the ways of protecting rights in Australia including constitutional, common law and statutory rights and in one other country
the status of international covenants, protocols and treaties in protecting human rights in Australia
the ways in which Australia and one other country can uphold or undermine democratic principles with reference to:

representation

popular participation

the rule of law

judicial independence

natural justice

exercising of power.
Political and legal issues

the experience of one individual or group in the
Australian political and legal system*.
* The political and legal issue is best addressed in combination with the relevant content of political and legal systems.
Political and legal research
Research centres on the critical examination of the operation and key features of political and legal systems.
Research includes:
 identifying, defining, distinguishing, analysing and evaluating principles and terms
 describing, discussing, analysing and evaluating the operation and key features of political and legal systems
 analysing statute law, common law, political decisions and legal decisions
 distinguishing between fact and opinion, theory and practice and formal and informal processes
 identifying and evaluating alternative conclusions
 identifying or proposing solutions
 predicting intended or unintended consequences.
Communication includes:
 political and legal formats, terminology and techniques to suit an audience
 techniques to: explore ideas, and construct reasoned arguments
 methods to acknowledge and reference sources.
UNIT 3APAL – POLITICAL AND LEGAL POWER
TERM & WEEK
1.1
1.2
CONTENT
Revision of weeks 1-6:
 The Australian Constitution:
- Separation of powers
- Responsible government
 Parliament: Theory and practice:
- The Senate and the House of Representatives
- Functions and roles of parliament
- Legislative process
- Parliamentary committees
 US comparison
 Governor- General:
- Role, express and reserve powers
- The Whitlam Dismissal
- The Hollingsworth Resignation
 PM, Cabinet and the Ministry:
- Westminster conventions
- Powers, roles and responsibilities
- Inner and Outer Ministry
- Comparison with the United States
- Public Service and their role
- Howard Government
RESOURCES
ASSESSMENT
Assessment One and
Two completed
-Explanation 5%
-Extended
Response/Source
Analysis 5%
UNIT 3APAL – POLITICAL AND LEGAL POWER
TERM & WEEK
CONTENT
1.3
Roles and Powers of the opposition and shadow ministry at the commonwealth
level
Opposition leader and shadow ministry
 Who and how
 Roles and powers of the Opposition leader and the shadow ministry
especially with regards to PM, Cabinet and Ministry.
1.4
1.5
Methods of constitutional change
The focus is on each method of change and how each has ‘changed’ the
Commonwealth Constitution.
 Referendum Sec 128
 Impact – success 1946, 1967; failure 1999 re Republic and failure re the
issue of simultaneous elections 1974, 1977, 1988
 High Court of Australia – cases could include:
Engineers Case ( 1920) Sec 51 (xxxv), Work Choices (2006) Sec 51 (xx),
Burgess (1935) Sec 51 (xxix), Koowarta (1982) Sec 51 ( xxix), Tasmanian
Dams (1983) Sec 51 (xxix), Uniform Tax Case (1942) Sec 51 (ii),
Ha/Hammon Case (1997) – Sec 90, CPA Case (1951) – Sec 51 (vi),
Nationwide News and Australian Capital TV (1992), Theophonous (1994)
(These cases introduce the concepts of legalism and activism)
Referral of powers – water and family law and as a contrast Bryan Pape’s challenge
to the ‘stimulus’ payment in Pape v Commissioner of Taxation (2009) or Williams v
Commonwealth (2012) ie, the School’s Chaplaincy case.
RESOURCES
ASSESSMENT
Assessment Four:
Source Analysis 7.5%
Constitutional change
UNIT 3APAL – POLITICAL AND LEGAL POWER
TERM & WEEK
1.6
1.7
1.8
CONTENT
Reform proposal to change the Commonwealth Constitution (Australia)
 The Republic
 Reference to indigenous Australians in the Commonwealth Constitution
(Australia)
The focus is to identify a particular reform proposal, understand why it is being
proposed and the repercussions of the proposal.
Federalism in Australia
 Constitutional powers of state and commonwealth parliaments including
exclusive, concurrent and residual powers – Secs 51, 52,86, 90, 107, 109
 Financial powers of the commonwealth parliament including taxation
power, Loans Council, tied or special purpose grants Sec 51 (ii), 86, 87, 90,
92, 96, 105
 Change in the balance of power since federation including increasing
commonwealth power due to:
- Financial powers including vertical imbalance and horizontal fiscal
equalisation
- Grants Commission
- Referral of powers, Sec 51 (xxxvii)
- Council of Australian Government (COAG)
- Co-operative federalism as opposed to coercive federalism
- High Court of Australia decisions/external affairs power, Sec 51
(xxviiii)
Corporations power, sec 51 (xx)
RESOURCES
ASSESSMENT
UNIT 3APAL – POLITICAL AND LEGAL POWER
TERM & WEEK
1.9
2.1
2.2
CONTENT
Political mandates in theory and in practice including competing mandates
 Political mandates – reflect the will of the people
 Government mandate (House of Representatives compared to competing
mandates (Senate/House of Representatives)
Reference need to be made to actual events/episodes/processes in
Parliament of highlight these in practice. Some examples that could be
drawn from include:
o Howard – GST, Work Choices
Rudd – Fair Work Australia, ETS
Contemporary issue relating to political power
 The focus for the contemporary issue is who is exerting influence to achieve
political power. Possible areas to be considered include:
1. The executive in parliament
2. Mandates and the authority to introduce and implement electoral
policy promises and conversely the failure of any elected
government to implement electoral government to implement
electoral policy promises
3. Minor parties and the opposition and their use of the Senate
Federalism in terms of ‘coercive’ federalism
Roles and powers of the High Court of Australia
Judiciary
 What Sec 71
 Who and How Sec 71 & 72
RESOURCES
ASSESSMENT
Assessment Three:
Explanation 7.5%
Mandates
UNIT 3APAL – POLITICAL AND LEGAL POWER
TERM & WEEK
2.3
CONTENT
 Powers (jurisdiction) Sec 73, 74, 75 & 76
Methods of judicial interpretation
The focus is on the definition and discussion of judicial legalism and judicial
activism and a more in-depth coverage is required.

Suggested cases to look at could include:
Legalism (constituation) – Engineers Case (1920)
Legalism (common) – SGIC v Trigwell (1979)
RESOURCES
ASSESSMENT
Assessment Five:
Investigation 10%
Judicial interpretation
Legalism vs activism
Activism (common law) – Mabo (1992)
Actvism (constitutional) – ACT (1992)
2.4
Revision of Unit 2A
2.5
2.6
Exam Week and Examination Review.
Assessment Six
Examination 10%
Semester One content
2.7
Contemporary issue relating to legal power
 Judicial Review:
Courts declaring legislation invalid such Plaintiff M70 or School Chaplain’s
UNIT 3APAL – POLITICAL AND LEGAL POWER
TERM & WEEK
2.8
2.9
CONTENT
RESOURCES
ASSESSMENT
case.
Lawmaking process in parliament and the courts with reference to the
influences of individuals, political parties, pressure groups
 Review the lawmaking process of parliament and the courts (2A)
Examples are best used to examine the influences of each on the lawmaking process
Assessment Seven:
Source Analysis 5%
Judicial Issues
CONTENT
RESOURCES
ASSESSMENT
The accountability of parliament
1. Through elections to the House of Representative and the Senate
 ‘Collective’ elected representatives – the government party, the
opposition or parties, minor parties and independents
 2010 elections (not as a detailed study of an election but as a tool to
assess whether or not elections provide for accountability of parliament)
- House of Representatives and accountability – the result can be seen
as a judgement on the previous government
- Senate and accountability – preference deals and the voter
 Scrutiny by the media of parliamentarians, the government, the
opposition, minor parties, independents i.e. our ‘collective’ elected
representatives and the processes of parliament.
2. Through the committee system including:
Power & Governance
- Politics and Law in
Australia
pp. 262 – 267
pp. 272 – 289
UNIT 3BPAL
TERM & WEEK
210
2.11
UNIT 3BPAL
TERM & WEEK
CONTENT
RESOURCES
ASSESSMENT
The Privileges Committee including what is the committee, its powers
and the sanctions it can impose. For example Senator Heffernan
 The Senate Legal and Constitutional Affairs Committee
3. Within the procedures and processes of parliament
 Can the parliament really fulfil its functions or are these processes and
procedures stymied due to party discipline and executive control?
4. Through judicial review

3.1
3.2
The accountability of the executive and public servants
To what extent are the executive and public servants held to account especially
in terms of open government?
 Through collective and individual ministerial responsibility
Examples are best used to examine the operation and extent of collective and
individual ministerial responsibility. Examples could include:
- Howard Government and Tampa
- Santoro
- Fitzgibbon resignation
- Garrett
- Rudd/Swan/Gillard and BER
 Evaluate the reasons as to why IMR and CMR does/does not operate
1. Within the Parliament’s role including Senate Estimates, Standing
Committees, and Government Inquiries.
 The Senate Estimates Committee including what it is, frequency of
sitting, interrogation of public servants and ministers
 An example that could be included in the Senate Estimates with
Wong/Garrett and ETS (see reference to the Australian)
 The evaluation of the worth of Senate Estimates in terms of executive
accountability
Power & Governance
- Politics and Law in
Australia
pp. 301 – 365
Assessment Eight:
Explanation/Essay 5%
Accountability of
government
UNIT 3BPAL
TERM & WEEK
CONTENT

2.




3.


4.

5.

6.

Standing committees and government inquiries Tampa ‘children
overboard’ and the AWB ‘food for oil’
Through other methods of accountability including the Commonwealth
Auditor General and Royal Commission
Commonwealth Auditor General including who and what, powers of,
Howard and the AG and Rudd and the AG and the AG using advertising
campaign for WorkChoices (Howard) and for mining Tax (Rudd) as
examples
Compare the Howard and Rudd examples in relation to the Auditor
General. Show how Rudd manipulated the Auditor General’s office (see
reference by Van Onselen)
Royal Commissions what and powers - Howard and Cole Commission
compared to Senate Inquiry
Compare who could and could not appear before each (see reference to
the Oil for Food and the Cole Commission Report and the reference by
Evans)
Through tribunals including the Administrative Appeals Tribunal (AAT)
What, importance in terms of the accountability of public services
decisions – does it achieve its purpose?
Limitations re appeals to the AAT (always after an internal review)
The Commonwealth ombudsman
For example, Fairwork Ombudsman and the accountability of the
ombudsman
Is the Office of Prime Minster outside accountability?
The Kevin Rudd experience
Through judicial review
Where executive decisions or actions can be appealed to the High Court.
For example, Plaintiff M70.
RESOURCES
ASSESSMENT
UNIT 3BPAL
TERM & WEEK
CONTENT
RESOURCES
ASSESSMENT
3.3
3.4
The accountability of the courts
1. Through the appeals process
 Reasons for appeal
 Evaluate the extent that the courts are held accountable through appeals
in general and note the exceptions
 Mallard case – is this the norm?
 Mabo a useful case to examine appeals
2. Through parliamentary scrutiny and legislation
 Abrogation of common law – Mabo and Native Title Act compared to Wik
and Native Title Amendments Act (revoke aspects of the Act)
 Negate common law decision – state parliament and rape in
marriage/state parliaments and straying animals.
 Parliament eroding judicial discretion –eg mandatory sentences for
particular crimes using Western Australian or Northern Territory
3. Through transparent processes and public confidence
 Annual report of chief justice available
 Media scrutiny
 Gleeson address on public confidents in courts (see reference speech)
4. Through the censure and removal of justices
 Constitutional provisions of both commonwealth and the state
 Justice Murphy NSW District Court / Ian Dodd – NSW judicial
commission
 WA magistrate Barbara Lane (see reference to the West Australian)
Power & Governance
- Politics and Law in
Australia
pp. 366 - 393
Assessment Nine:
Explanation 10%
Accountability of the
courts
3.5
Types of rights – civil, political, economic, social, cultural
 Identify the types of rights and examples of each.
Power & Governance
- Politics and Law in
Australia
UNIT 3BPAL
TERM & WEEK
CONTENT
RESOURCES
The ways of protecting rights in Australia including constitutional, common
law and statutory rights in one other country
 Common Law
 Statute
 Constitutional – deal with Nationwide News v Wills (1992) and
Theophonous v Herald and Weekly Times (1994) compared to McGinty v
Western Australia (1996) and Kruger v Commonwealth (1997)
pp. 400 - 430
Assessment Eleven:
Source Analysis 5%
Rights
This should be an assessment of what rights are protected and an
evaluation of the extent to which they are protected. For example the
stolen generation (Kruger) or journalists and the non-disclosure of
sources.
3.6
3.7
Status of international covenants
 Rights
 Covenants
 Protocols and treaties
Application in Australia:
ICCPR (1980) and Optional Protocol (1990)
 Teoh Case (1995)- rights of the child
 Toonen Case (1994) – Homosexual rights in Tasmania
Experience of an individual or group in the Australian political and legal
system
 In depth study of the experience of an individual or a group in Australia’s
political and legal system. Examples that could be used include
ASSESSMENT
Power & Governance
- Politics and Law in
Australia
pp. 439 - 469
UNIT 3BPAL
TERM & WEEK
3.8
3.9
3.10
TERM
3
HOLIDAYS
CONTENT
Aboriginals or women.
 If reference is being made to a particular individual, the experience
should be examined in the context or that particular group’s experience –
what is the norm in the community in terms of the political and legal
system?
 This ‘experience’ is broader than rights, includes participation etc (see
reference to Aboriginals)
Governance: the ways Australia and at least one other country can uphold
and undermine democratic principles
 Examples that could be used – Fiji, USA, China
NB Review rights and governance in relation to the practices of governance
including democracy, participation, the rule of law, rights, open government,
consensus, effectiveness, accountability, natural justice and equity.
RESOURCES
ASSESSMENT
Assessment Ten:
Investigation 10%
Access & Equity
SUMMING UP/ REVISION
MOCK EXAMS
Assessment
Twelve:Examination
20%
Mock Trial Semester One
and Two content
STUDENT RECORD OF ASSESSMENT
Assessment
number
1
3A
2
3
3A
3A
4
3A
5
3A
6
3A
7
3B
8
3B
9
3B
10
3B
11
3B
12
3A
&
3B
Unit
Assessment type
EXPLANATION –
Constitution/Federalism
SOURCE ANALYSIS- Parliament
EXPLANATION –
Mandates
SOURCE ANALYSIS –
Constitutional Change
INVESTIGATION
Judicial Interpretationr
SEMESTER ONE EXAMINATION –
All of 3A
SOURCE ANALYSIS –
Judidical Issues
EXPLANATION
Accountability of courtst
EXPLANATION
Accountability of government
INVESTIGATION
Access and Equity
SOURCE ANALYSIS –
Rights
MOCK EXAMINATION –
All content from 3A/ 3B
Time
Weighting
1.3
5%
1.6
1.8
5%
7.5%
2.1
7.5%
2.2
10%
2.6
10%
3.1
5%
3.3
5%
3.4
10%
3.5
10%
3.7
5%
Term 3 Holidays
20%
Student
mark
Student mark to be submitted for 3PAL
Type of Assessment
Investigation
Stage 3 Weighting
Course Weighting
20 – 40%
20%
Cumulative
%
Explanation
20 – 40%
30%
Source Analysis
20 – 40%
20%
Examination
20 – 30%
30%