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Individual work is required for this submission. This is not a collaborative exercise and your answers should not be shared with other students.
The required reading for this submission is in the Topic Guide, pages 11-12.
Citations must be stated for each answer: mention only the source and the page number. For example, put (Waller, 4) or (Lecture Notes 2&3, 5) etc.
Return of work: your tutor rules on this, but normally it is through the main Health Sciences Office (Julia and Jane would appreciate it if you used the standard printed cover sheet, but please add your word count to that cover)
1. Waller says that the institutions in a legal system exercise or transmit or interpret authority and are bound together into one system by their common recognition of an ultimate source or sources of authority. In Australia what is the ultimate source(s) of authority called?
2. In what year did the Commonwealth of Australia, as distinct from the Colony of NSW, come into existence?
3. What does section 109 of the Constitution state?
4. Name the main three levels found in South Australia’s court hierarchy.
5. How many justices does the full bench of Australia’s High Court have and are they all of equal status?
6. What mechanism exists for the correction of legal error or contesting an unpopular decision?
7. What would have been the significance for aboriginal Australians if the colony had been ‘acquired by conquest’ as many other British colonial possessions were?
8. Which was the only Australian state that did not first operate as a penal colony?
9.What did the High Court case, Mabo v Queensland (No 2) (1992) establish?
10.Can international law play any role in domestic Australian law?
11. Which piece of recent legislation covers the overall regulation of health care practitioners in South Australia?
12. Apart from parliamentary enactments what is the other main source of law in Australia?
13. What central value does the Roman writer Tacitus ascribe to the German tribes in his Germania?
14. What do the Latin terms, stare decisis and ratio decidendi literally mean?
15. Distinguish very briefly between the prescriptive and the punitive roles of law.
16. What is meant by the term delegated legislation?
17. Tort law is a very big and active area of legal work that encompasses many negligence cases, but what does the word ‘tort’ mean?
18. Apart from professional regulatory tribunals for health professions, name another kind of tribunal operating in Australian states or territories.
19 Which Act created Medicare in 1983?
20. What is meant by the term ‘the separation of powers’ in a constitutional law context?
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