Examiners Report on 2006 Tertiary Entrance Examination Political and Legal Studies 1

2006 TERTIARY ENTRANCE EXAMINATION

SUBJECT: POLITICAL AND LEGAL STUDIES
PART A: Short Answers (attempt 5 questions. Each 10 marks)
Question 1 (Mean 6.46)
(a) What is a constitution?
(b) Distinguish between exclusive, concurrent and residual powers of the Australian Constitution.
(c) Discuss how two High Court judgements have contributed to changing the balance of power
between the Federal and State Parliaments.
Question 2. (Mean 5.08)
(a)What is co-operative federalism?
(b) Indicate which political leaders attend the Council of Australian Governments (COAG). What
is the main role of COAG?
(c) Discuss one main positive and one main negative characteristic of Australias federal system.
Question 3. (Mean 5.86)
(a) What is a parliamentary conscience vote?
(b) Describe three main roles of Parliamentary Committees.
(c) To what extent is it valid to describe the Cabinet as the engine room of government?
Question 4. (Mean 5.78)
(a) What is meant by the term stare decisis?
(b) Briefly describe three techniques that can be used by a court in order to avoid following a
precedent.
(c) Describe and evaluate the literal rule of statutory interpretation as a tool for determining the
meaning of an Act.
Question 5. (Mean 5.14)
(a) In a dictionary of Political and Legal Studies terms, what might be the definition of the public
service?
(b) Distinguish between individual ministerial responsibility and collective ministerial
responsibility.
(c) Explain why it is sometimes claimed that Ministers shield themselves behind their
departments and or statutory authorities.
Question 6. (Mean 5.43)
(a) What is meant by the phrase standard of proof?
(b) Distinguish between interrogatories and discovery in the civil pre-trial process.
(c) Identify and evaluate one recently proposed reform of the criminal trial process.

Question 7. (Mean 5.25)

(a) What is meant by the term remand?
(b) Briefly explain how economic factors can result in barriers to citizens participating equally in
the legal system.
(c) With reference to one particular group within Australian society, discuss at least one advance
in gaining access and equity in the legal system and one setback.
Part B: Essays (Write two essays from this section. Each worth 25 marks)
Question 8 (Mean 12.17)
In the Australian legal system, parliament is the primary law maker but the courts also have a
lawmaking role.
Discuss the validity of this claim.
Question 9. (Mean 13.29)
Broadly outline the main roles of the Federal Parliament.
Assess whether reform of the Federal Parliament and/or its electoral system would enable at least
one of these roles to be better fulfilled.
Question 10. (Mean 10.32)
In the light of decreasing political party membership and increasing pressure group politics in
contemporary Australia, discuss the effectiveness of strategies which political parties and pressure
groups have employed to achieve their aims.
Question 11. (Mean 13.92)
It is claimed that, after ten years as Prime Minister, John Howard has demonstrated an
understanding of the powers and limitation of the office of Prime Minister.
Question 12. (Mean 13.67)
In recent times some Australians have argued for a Bill of Rights. I believe this would be a big
mistake (Prime Minister, John Howard, 25 January 2006).
Assess whether the protection of human rights in Australia could be strengthened by either a
legislative or constitutional Bill of Rights.