Australian Constitutional Law s 51(xxix) the “external affairs” power **This essay must be referenced in accordance with the Australian Guide to Legal Citation (2010 edition) available online.
The Commonwealth Constitution was written at the end of the nineteenth century. How far is it now possible (if it ever was) to give a consistent interpretation to: Constitution s 51(xxix) the “external affairs” power
This Question is in relation to the Australian Commonwealth Constitution 8 pages double spaced, size 12 font, times new roman, 2.5 margins on all sides.
very strict formatting and plagiarism instructions:
– Footnotes are to be in 10 point font and with single line spacing. Footnotes are to be used only for referencing, not for additional discussion.
– You may have a separate title page and/or contents page, in addition to the pages of discussion. But answers must not include a separate bibliography. Bibliographical references must be given in footnotes.
– You are advised to use subheadings, although not more than two levels of them. This almost automatically gains you extra marks, through forcing you to structure the text more clearly.
This Essay Assignment aims to develop students’ analytical and argumentative skills at an advanced undergraduate level. The essay is undertaken within the context of lecture and seminar classes which have touched on all the themes.
This exercise requires students to demonstrate their ability:
• to understand and analyse an area of the law through a close and critical reading of primary and secondary sources;
• to convey clearly and logically their grasp of the relevant law and issues;
• to balance the importance of different issues and materials raised in the set readings;
• to develop a coherent and cohesive argument which answers the essay question; and
• to reference and cite materials adequately and appropriately.
These points provide a general guide to the marking criteria which follow below.
C. MARKING CRITERIA
(a) Answering the Question
Be sure to answer the question. To do so, it is necessary to begin by identifying the key points that you intend to address in your essay. Do not just set out a conclusion that you intend to prove.
(b) Maximum Page Length
The maximum page length specified in the requirements must be strictly adhered to. Extra content will simply be ignored by the marker. Part of the skill in writing is to present a paper that is concise and manageable within the parameters of the specified length.
(c) Written Expression
Students should demonstrate an ability to write sentences that are clear and grammatically correct, forming paragraphs that show an ability to structure the paper logically. Where poor written expression detracts from the quality of the paper, it will hold it back from what could otherwise be a higher grade.
Very few students seem able to use apostrophes correctly: whole essays get every single one of them wrong. Remember: there are no such teams as the Waratah’s and the Brumby’s. Commas are used to make logical separations: compare the popular book title, whose deliberate error as to an unnecessary and misleading comma is accompanied by a picture of a panda: Eats, Shoots and Leaves. (So beware of armed pandas.) The marker is not going to waste time in correcting such elementary errors—they will simply count negatively in the overall assessment of writing ability.
Do not refer to dictionaries, even specialised law dictionaries. You should show your own understanding of terminology, which—at least as to legal terms—should by now be as good as that of a dictionary compiler.
When courts refer to dictionaries, they are making a factual inquiry, looking for the ordinarily understood meaning of a word. Your task is quite different: it is to demonstrate your own understanding of the meaning.
The paper needs to be a well structured paper that demonstrates quite a good grasp of the relevant issues and an ability to engage with them critically. The paper will demonstrate a solid grasp of the readings and other sources referred to and will engage in a clear discussion of the key issues in them. The paper will be adequately and appropriately referenced with regard to both content and style.
Papers need to present a cogent and coherent argument which demonstrates a strong grasp of the relevant issues. The paper will demonstrate a close and critical reading of the set materials, and it will have identified other key secondary sources, and used these sources effectively to answer the set question.
A Distinction paper will be distinguished from a Credit paper in relation to the cogency of the argument based upon critical analysis of the law and commentary. The entire content of the paper should be relevant to the student’s argument.
THe textbook = Baockshield and Williams, 5th edition, Australian Constitutional law and theory.
**please contact me for any clarification/ these instructions in a word document
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