Consequences for Cover-Ups: A Critical Analysis
Added on 2019-09-23
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[TYPE THE COMPANY NAME]200009 ConstitutionalLawMid-semester AssignmentStudent[Pick the date]
ContentsOpinion in relation to Child Sex Abuse (Justice for Survivors) Act 2016......................................................2Facts of the case/situation.......................................................................................................................2Judging the constitutional validity of Child Sex Abuse (Justice for Survivors) Act 2016...........................2Opinion related to the validity of Child Sex Abuse (Justice for Survivors) Act 2016................................5Opinion in relation to Consequences for Cover-Ups Act 2016 (NSW).........................................................6Facts of the case/situation.......................................................................................................................6Judging the constitutional validity of Consequences for Cover-Ups Act 2016 (NSW)..............................6Opinion related to the validity of Consequences for Cover Ups Act 2016 (NSW)....................................8Legal advice.................................................................................................................................................91
The case is concerned with the Australian Constitutional Law. The law developed by the constitution binds the court and people of Australia1.The ACL relates to interpreting and applying the constitution of the country. There are certain bodies of doctrine that focus on the interpretation of commonwealth constitution. Some of the features presented in the Constitution of Australia have been considered from British, US, and Swiss model such as constitutional monarchy, judicial review, and referendum related to amending the constitution. The constitutional law mainly manages the effective relations among the executive, legislature and the judiciary. There exist various legislative powers with the parliament. The parliament, in consideration to the constitution, can develop laws that take care of peace and order2. The areas that are covered under this are trade and commerce, fisheries, banking, bounty, divorce, insurance, coal3, and others. The case that is being discussed should also be considerable under the same.This case is referring to changes in the law regarding the situational handling of child sex abusein the country. The constitutional amendment can be changed only in the certain circumstances.The changes in the law must be passed by the parliament from each house in larger number4. Inthe case being discussed, the changes can only be done when it is acceptable by the majority of1Commonwealth Of Australia Constitution Act – Parliament Of Australia (2016) Aph.gov.au <http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=956BE242B820434A995B1C05A812D5E1&_z=z#covering_clauses-operation_of_the_constitution_and_laws>2Part V - Powers Of The Parliament – Parliament Of Australia (2016) Aph.gov.au <http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=AFF6CA564BC3465AA325E73053DED4AA&_z=z#chapter-01_part-05_51>3 Durham Holdings Pty Ltd v New South Wales (2001) 205 CLR 399R v Public Vehicles Licensing Appeal Tribunal (Tas); Ex parte AustralianNational Airways Pty Ltd (1964) 113 CLR 207 o Thomas v Mowbray (2007) CLR 3074Chapter VIII. Alteration Of The Constitution. – Parliament Of Australia (2016) Aph.gov.au <http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=630FA7763BE64933B172A7D7E1615ADA&_z=z#chapter-08_128>2
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