AUSTRALIAN PUBLIC LAW

AUSTRALIAN PUBLIC LAW

SELECT ONE OF THE FOLLOWING QUESTIONS
Question 1

Is Australian federalism well-suited to the demands of government in the twenty-first century?

Question 2

Writing in 2003, Professor Cheryl Saunders asked ‘whether Australia’s constitutional development has left us with a written Constitution in a culture fashioned by an unwritten one. … [T]here is a sense in which it gets the disadvantages, without the full benefits, of each’.

Do you agree with this assessment? Explain why with particular reference to the doctrine of responsible government.
Question 3

To what extent does the High Court of Australia’s case law about implied constitutional rights and freedoms suggest that Australia has no need for a constitutional Bill of Rights? Discuss with particular reference to recent case law on voting rights and the freedom of political communication.

Question 4
Should the constitutions of the Australian states be reformed to be more or less ‘rigid’? Explain the reasons for your answer, and provide examples of possible reforms where appropriate.
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