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Old 4 Nov 2009, 9:20 PM   #71 (permalink)
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Re: Section 1 - Law & Society

Quote:
11. D - I prefer D (Constitutional law). The first way of coming to this conclusion is by regard to s 5 of the NSW Constitution. That section provides that the NSW Parliament has the plenary power to make laws ("power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever"). This would include the power to make laws to compensate victims of crime.
Quote:
The second way is by elimination. The passing of a statute to compensate victims of crime is not an example of common law. Nor is it an example of natural fairness or the rule of law.


It's certainly 'a constitutional law', but I wouldn't call it an example of 'constitutional law'. If you say that s5 of the Constitution makes it 'constitutional law' then all laws are constitutional law. That's definitely not what the syllabus defines it as.


Quote:
14. A - I think the best method to enforce Brian's rights is through the Australian Human Rights Commission (the new name of the Human Rights and Equal Opportunity Commission since August 2009). See this page on the Commission's power to deal with complaints through conciliation.
I've written to the Board pointing out that the Commission has been renamed and that therefore none of the answers seem to be correct unless you account for that. I'll post any response I get.
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