Legal Analysis and Critique: LAWS1009 Assessment 1

Legal Analysis and Critique

Essay Weight:              35%

Due:                            19 August 2022 11:59pm

Submission:                Turnitin 

Word limit:                 1,000 words – excludes footnotes, titles and headings.

Footnotes:                  in accordance with the AGLC.

Bibliography:              no

Format:                       A word limit of 1,000 words has been set, which excludes footnotes, titles and headings. The word limit will be strictly enforced. Please remember that this assignment has been structured so that a well-considered and scholarly written assignment may be achieved within the prescribed word limit.

There are strict formatting requirements with which students are required to comply:

Ensure your full name and student number appears on the footer of each page.

Number all pages consecutively.

Question

Chapter 7 of Connecting with Law provides an overview of major schools of thought in law, or ‘jurisprudential schools’. Critically analyse the decision in Commonwealth v Australian Capital Territory (2013) 250 CLR 441 and discuss: how do the theoretical materials studied in the subject so far help us to understand and critique the decision?

You should consider in your essay how the decision aligns with a particular jurisprudential school studied in the subject so far. For example, did the court reasoning more strongly reflect the approach of natural law theory, or legal positivism?

Consider any possible counter-arguments to your conclusions. The research materials necessary to answer this question, including a copy of the case, are listed below and can be accessed via vUWS and the university library. Your essay can also engage with seminar materials beyond the textbook chapter, and further research; note, however, that you will not need to make reference to any more than 2-3 further sources to perform well in this task.

Primary Reference:

Commonwealth v Australian Capital Territory (2013) 250 CLR 441 (Available on vUWS)

Secondary Reference:

Michelle Sanson and Thalia Anthony, Connecting with Law (Oxford University Press, 4th ed, 2019) Chapter 7 (available online via university library)

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