Help Needed Urgently! (1 Viewer)

[Beauregard]

hi guys, i've been a longtime viewer of this forum however have just registered today. ive been given an essay topic for constitutional law, but i'm having big problems in figuring out what it is i should write. the topic is:


Examine and critically analyse the High Court's jurisprudence on the following heads/areas of Commonwealth power:

• Aliens and immigration (section 51(xix) and (xxvii) respectively)(many of the relevant cases deal with both these heads of power, so your essay needs to consider both)

In undertaking your analysis, you should consider what theoretical approaches to constitutional interpretation (e.g. intentionalism, literalism, 'dynamic' approach etc) are manifested by Justices in key decisions. To what extent do the judicial choices made in these decisions have the effect (whether intended or otherwise) of promoting federalism or centralism? You should also consider what judicial choices were available to the Court, what constraints may have operated and what factors (including political, historical and cultural factors) may have influenced those choices. However, while discussing such factors you should keep your essay predominantly anchored in analysis of the "black letter law" and judicial reasoning.


can any of you guys give me any ideas? any input would be appreciated greatly!


cheers,


Beauregard

 

[neo o]

Blackshield & Williams is your friend.

 

[MoonlightSonata]

I really dislike that book. But yeah, you should start by doing some reading, Beau. You cannot possibly go through those chapters and cases without forming some opinion about them.

It's a very broad question, so my advice is to be careful and avoid simply writing everything you know about that area of law. After reading through the cases and commentary I would start by identifying one or more key themes that will form your argument or analysis. Some issues are already required by the question (federalism, judicial method, etc). Just make sure that you make a structured, coherent analysis that goes down a logical path.

Just don't meander about writing everything - which is a danger given the scope of the question.

If you're unsure about the nature of the question and what it is asking, it's always a good idea to consult with your teacher.