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OPTIONAL CONSTITUTIONAL LAW I EXERCISE 2012
The West Australian Newspaper?s latest opinion poll indicates that the WA Premier, Harry Hutton MLA, and his party have a slim chance of being re-elected at the next State election. At a Christmas Party cruise down the Swan River, Harry discusses the party?s election prospects with his ministerial cabinet colleagues and comes up with a plan.
The plan consists of introducing a Bill, the Legislative Assembly Seating Bill 2012 (WA), into the Legislative Assembly and having it passed in the Legislative Assembly and Legislative Council with simple majorities.
The Bill will amend s 16C(1) of the Electoral Act 1907 (WA) and s 18 of the Constitution Acts Amendment Act 1899 (WA) so that the lower house will have 50, rather than 59, electoral districts (meaning that 50, rather than 59 representatives will be returned at the next WA election).
The Bill will also make some consequential amendments including:
? amending s 16E of the Electoral Act 1907 (WA) to require the re-division into the 50 districts; and
? repealing s 16I of the Electoral Act 1907 (WA).
The Premier is worried that the Leader of the Opposition will challenge the constitutional validity of the Legislative Assembly Seating Bill 2012 (WA) in the Supreme Court of Western Australia the day the Bill is introduced into the Legislative Assembly. The Premier therefore wants to immediately rush through the WA Parliament an Electoral Procedure Bill 2012 (WA) which provides in clause 1 that:
until this provision is repealed by a majority of electors voting at a WA referendum, matters of electoral districts, electoral boundaries and any procedural challenge relating to such matters shall remain non-justiciable.
You are doing a clerkship in the Premier?s office over the summer and have been asked to prepare a brief memorandum on any constitutional obstacles to implementing these amendments and the Opposition?s prospects of successfully challenging either the Legislative Assembly Seating Bill 2012 (WA) or the Electoral Procedure Bill 2012 (WA).
Students attempting the Optional Constitutional Law I Exercise:
? are not expected to go beyond Topics 1, 2 and 3 in preparing their memorandum.
? must comply with the formatting, length and submission requirements set out below.
Assessment criteria for Constitutional Law Exercise
? Depth of understanding of the question and discussion of the relevant issues and cases it raises
? Degree to which answer demonstrates an understanding of relevant constitutional concepts and principles and supports propositions of law with appropriate authority
? Degree to which demonstrates critical reasoning and analytical skills
? Employs clear expression and is well structured
? Complies with the Australian Guide to Legal Citation for all references cited and appropriately uses footnotes
? Complies with the page length stipulated and formatting requirements
? The Constitutional Law Exercise does not need to be written in a strict essay style and can use headings and sub-headings if this helps structure the student?s answer.
? Students should ensure that they answer the question set by the Exercise and that all propositions of law are supported by appropriate authority.
Formatting of Constitutional Law Exercise
? It must not be more than 4 pages formatted to 12 point Arial font with at least 2.5cm margins and 1.5 line spacing. Footnotes included at the bottom of a page can be formatted to 10 point Arial font.
? The pages should be printed single-sided rather than double-sided.
? The page length will be strictly enforced. Any pages written beyond this length will not be marked.
? All references cited must comply with the Australian Guide to Legal Citation which is available online at: http://mulr.law.unimelb.edu.au/go/aglc No bibliography is required and footnotes alone are sufficient.
? Although case citations should be included, shortened case names can be used (provided the case is still readily identifiable from the shortened name) eg Tasmanian Dam Case (1983) 158 CLR 1.
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