VCAA Legal Studies The people and the law-makers
5 sample questions with marking guides and sample answers · Avg. score: 66.7%
Explain the two ways the Australian Constitution protects human rights. Use an example of each to support your response.
The Australian Constitution provides limited protection of human rights. However, some rights (express rights) are protected by being explicitly stated in the Constitution. Other rights (implied rights) have been interpreted by the High Court of Australia to be implicitly protected, as they can be implied by the Constitution’s wording.
One example of an express constitutional right is the right to trial by jury. This right is protected, in some circumstances, by section 80, which states that trials of indictable offences against the Commonwealth will be jury trials and will be held in the state in which the offence took place.
One example of an implied right is the right to free speech. The High Court has determined that an implied right to freedom of political communication exists in the Constitution, as it is inherent in a system of representative government as created by sections 7 and 24.
| Descriptor | Marks |
|---|---|
Identifies that the Australian Constitution protects some human rights (express/implied rights) (First example) | 1 |
Identifies a relevant example (First example) | 1 |
Explains how this example protects human rights (First example) | 1 |
Identifies that the Australian Constitution protects some human rights (express/implied rights) (Second example) | 1 |
Identifies a relevant example (Second example) | 1 |
Explains how this example protects human rights (Second example) | 1 |
Referring to Stimulus 1–7 in the stimulus book, examine two different viewpoints to analyse the effectiveness of the Disability Discrimination Act 1992 (Cth) in protecting the rights of people with disabilities who use assistance animals. Evaluate both viewpoints to decide the extent to which this legislation protects their human rights.
Viewpoint 1
Marking Bands| Descriptor | Marks |
|---|---|
Identifies a valid viewpoint linked to the nature and scope of the legal issue | 6 |
Identifies a valid viewpoint linked to the nature and scope of the legal issue | 5 |
Identifies a valid viewpoint linked to the nature and scope of the legal issue | 4 |
Identifies a valid viewpoint related to a description of the nature and scope of the legal issue | 3 |
Identifies a viewpoint related to the legal issue | 2 |
States a viewpoint related to the legal issue | 1 |
Does not satisfy any of the descriptors above. | 0 |
Viewpoint 2
Marking Bands| Descriptor | Marks |
|---|---|
Identifies another valid viewpoint linked to the nature and scope of the legal issue | 6 |
Identifies another valid viewpoint linked to nature and scope of the legal issue | 5 |
Identifies another valid viewpoint linked to the nature and scope of the legal issue | 4 |
Identifies another valid viewpoint related to the nature and scope of the legal issue | 3 |
Identifies another viewpoint related to the legal issue | 2 |
States another viewpoint related to the legal issue | 1 |
Does not satisfy any of the descriptors above. | 0 |
Decision
Marking Bands| Descriptor | Marks |
|---|---|
Provides an insightful decision about the extent to which the DDA protects the human rights of people who use service animals that is clearly linked to the relevant legal alternatives presented from the analysis of both viewpoints | 6 |
Provides an appropriate decision about the extent to which the DDA protects the human rights of people who use service animals that is linked to the relevant legal alternatives presented from the analysis of both viewpoints | 5 |
Provides a decision about the extent to which the DDA protects the human rights of people who use service animals that is linked to legal alternatives presented from the analysis of 1 viewpoint | 4 |
Provides a decision about the extent to which the DDA protects the human rights of people who use service animals that is linked to a legal alternative or the analysis | 3 |
Provides a decision about the extent to which the DDA protects the human rights of people who use service animals that is linked to the analysis | 2 |
Makes a statement about the DDA or service animals | 1 |
Does not satisfy any of the descriptors above. | 0 |
Using Stimulus 1–9 in the stimulus book, examine two different viewpoints to analyse the validity of the limits that Australian and Queensland laws place on prisoners’ right to vote. Present two different legal alternatives from your analysis. Justify a decision about the legitimacy of the limits.
Analysing - Nature and scope
Marking Bands| Descriptor | Marks |
|---|---|
provides an accurate explanation of the nature and scope of the legal issue | 3 |
describes the nature and scope of the legal issue | 2 |
identifies the legal issue | 1 |
does not satisfy any of the descriptors above. | 0 |
Analysing - Viewpoint 1
Marking Bands| Descriptor | Marks |
|---|---|
provides a perceptive explanation of a valid viewpoint and its consequence/s, related to the legal issue | 4 |
provides an effective explanation of a valid viewpoint and its consequence/s, related to the legal issue | 3 |
provides an adequate explanation of a valid viewpoint related to the legal issue | 2 |
describes a viewpoint related to the legal issue | 1 |
does not satisfy any of the descriptors above. | 0 |
Analysing - Viewpoint 2
Marking Bands| Descriptor | Marks |
|---|---|
provides a perceptive explanation of a different valid viewpoint and its consequence/s, related to the legal issue | 4 |
provides an effective explanation of a different valid viewpoint and its consequence/s, related to the legal issue | 3 |
provides an adequate explanation of a different valid viewpoint related to the legal issue | 2 |
describes a different viewpoint related to the legal issue | 1 |
does not satisfy any of the descriptors above. | 0 |
Analysing - Use of evidence
Marking Bands| Descriptor | Marks |
|---|---|
makes discerning use of a range of relevant information from the stimulus to support the analysis | 4 |
makes effective use of some relevant information from the stimulus to support the analysis | 3 |
makes satisfactory use of information from the stimulus to support the analysis | 2 |
refers to evidence from the stimulus | 1 |
does not satisfy any of the descriptors above. | 0 |
Evaluating - Legal alternative 1
Marking Bands| Descriptor | Marks |
|---|---|
effectively uses information from the analysis to present a relevant legal alternative | 3 |
uses information from the analysis to present a relevant legal alternative | 2 |
presents a legal alternative | 1 |
does not satisfy any of the descriptors above. | 0 |
Evaluating - Legal alternative 2
Marking Bands| Descriptor | Marks |
|---|---|
effectively uses information from the analysis to present a second relevant legal alternative | 3 |
uses information from the analysis to present a second relevant legal alternative | 2 |
presents a second legal alternative | 1 |
does not satisfy any of the descriptors above. | 0 |
Evaluating - Decision and justification
Marking Bands| Descriptor | Marks |
|---|---|
justifies a valid decision through effective use of relevant legal criteria | 3 |
justifies a valid decision using relevant legal criteria | 2 |
makes a decision and refers to legal criteria | 1 |
does not satisfy any of the descriptors above. | 0 |
Evaluating - Implications
Marking Bands| Descriptor | Marks |
|---|---|
effectively discusses a plausible implication of the decision | 3 |
discusses a plausible implication of the decision | 2 |
identifies an implication of the decision | 1 |
does not satisfy any of the descriptors above. | 0 |
What type of right is the right to trial by jury? Explain two ways in which s 80 of the Australian Constitution limits the right to trial by jury.
The Australian Constitution: Section 80 — Trial by jury
The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.
The right to trial by jury is an express right within s 80 of the Australian Constitution, which states 'the trial on indictment of any offence against the Commonwealth shall be by jury'. This appears to be a strong protection for those charged with indictable offences as the Constitution cannot be easily altered, however, there are two limitations to this section. Firstly, it only applies to indictable offences, meaning persons charged with summary offences are not entitled to this right. Secondly, the Commonwealth Parliament can determine what is an indictable offence. This means it can re-categorise offences, such as terrorism. These limitations render s 80 less effective by restricting a person’s right to a jury trial. Clearly, the right to trial by jury is not a right that is fully protected even by the Constitution.
| Descriptor | Marks |
|---|---|
States the right to trial by jury is an ‘express right’ | 5 |
States the right to trial by jury is an ‘express right’ | 4 |
States 2 limitations of the right to trial by jury | 3 |
States 2 limitations of the right to trial by jury AND provides an explanation of 1 limitation | 2 |
States 1 limitation of the right to trial by jury | 1 |
Does not satisfy any of the descriptors above. | 0 |
Explain how the Constitution strengthens and weakens the federal government’s power to legislate in response to human rights issues. Refer to two sections of the Constitution to support your answer.
The federal government’s power to legislate in response to human rights issues is strengthened and weakened by the Constitution. The Constitution divides the power to make laws between the states and the Commonwealth, identifying the areas to which this power extends for each level of government. As it does not mention human rights issues and any issue not mentioned could be deemed to fall under the category of residual powers — power to make laws relating to areas not specifically mentioned in the Constitution — held by the states, the federal government’s power to make laws with respect to human rights issues could be described as non-existent. In contrast, s 51(xxix) provides that the federal government has the power to legislate with respect to ‘external affairs’. The High Court of Australia has interpreted this to include the power to pass laws giving effect to Australia’s obligations under international treaties and conventions, including those relating to human rights such as the Convention on the Rights of the Child. This strengthens the power of the federal government to make laws regarding human rights issues.
| Descriptor | Marks |
|---|---|
Provides a valid and detailed explanation of how the Constitution weakens the power of the federal government to legislate in response to human rights issues AND how the Constitution strengthens the power of the federal government to legislate in response to human rights issues | 5 |
Provides an explanation of how the Constitution weakens the power of the federal government to legislate in response to human rights issues AND how the Constitution strengthens the power of the federal government to legislate in response to human rights issues | 4 |
Provides an explanation of how the Constitution weakens the power of the federal government to legislate in response to human rights issues AND refers to 2 relevant sections of the Constitution | 3 |
Describes how the Constitution impacts the federal government’s power to legislate in response to human rights issues | 2 |
States 1 relevant section of the Constitution | 1 |
Does not satisfy any of the descriptors above. | 0 |