General principles

• Prompt words: Compare, Identify, Define, Outline
• Prompt words: Justify, Evaluate, Analyse, Discuss
• Bills, Acts and Legislation
• Parliament
• Government
• The Courts

Unit 3

Area of Study 1: Parliament and the Citizen

• Representative and Responsible Government
• Separation of Powers
• Structure and role of Commonwealth and Victorian parliaments
• The Legislative Process
• Reasons for change in the law
• Victorian Law Reform Commission
• Petitions
• Demonstrations
• Media
• Strengths and weaknesses of parliament as a law-making body

Area of Study 2: The Constitution and the protection of rights

• Constitution of Australia
• Division of Law-Making Powers
• Restrictions on the law-making powers of the state and Commonwealth parliaments
• Referendum Process
• Factors affecting the success of a referendum
• Referenda affecting the division of law-making powers
• High Court of Australia
• High Court interpretation of the Constitution
• High Court cases affecting the division of law-making powers
• Referral of power
• Constitutional protection of rights
• Express rights
• Implied rights
• Structural protections
• Separation of Powers (structural protection)
• Representative Government (structural protection)
• Responsible Government (structural protection)
• Roach v Electoral Commissioner
• Effectiveness of rights protection in Australia
• Comparison of rights protection in Australia to other countries

Area of Study 3: Role of the courts in law-making

• The ability of judges and courts to make law
• Doctrine of precedent
• Rules of precedent
• Flexibility of precedent
• Difficulties in applying past decisions
• Statutory Interpretation
• Reasons for statutory interpretation
• Effects of statutory interpretation
• Deing v Tarola (1993) 2 VR 163
• Strengths and weaknesses of law-making through the courts
• Relationships between courts and parliament in law-making

Unit 4

Area of Study 1: Dispute resolution methods

• Reasons for a court hierarchy
• Victorian Court Hierarchy
• Original and appellate jurisdiction
• Magistrates' Court jurisdiction
• County Court jurisdiction
• Supreme Court (Trial Division) jurisdiction
• Supreme Court (Court of Appeal) jurisdiction
• Role of VCAT
• Dispute resolution methods used by courts and VCAT
• Mediation
• Conciliation
• Arbitration
• Judicial determination
• Strengths and weaknesses of the way courts and VCAT operate to resolve disputes

Area of Study 2: Court processes and procedures, and engaging in justice

• Elements of an effective legal system
• Features of the adversary system of trial
• Strengths and weaknesses of the adversary system of trial
• The inquisitorial system
• Possible reforms to the adversary system
• Criminal pre-trial procedures
• Bail and remand
• Committal hearings
• Purposes of criminal pre-trial procedures
• General purposes of criminal sanctions
• Criminal sanctions
• Specific purposes of criminal sanctions
• Civil pre-trial procedures
• Purposes of civil pre-trial procedures
• Civil remedies and their purpose
• Role and composition of juries
• Strengths and weaknesses of the jury system
• Reforms to the jury system
• Alternatives to the jury system
• Problems and difficulties faced by individuals in using the legal system
• Recent changes and recommendations for change in the legal system designed to enhance its effective operation