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Constitutional Issues

This analysis explores the balance of power within constitutional law, focusing on the role of the High Court as a key agent of constitutional change. It outlines trends in judicial activism, implied rights, and landmark decisions, such as the significance of the 1975 crisis. The essay evaluates the impact of these decisions on common law and discusses the limitations of constitutional change through other means. It also addresses the ongoing debate over constitutional conventions versus codified laws and the implications of different governance models, including constitutional monarchy versus republics.

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Constitutional Issues

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Presentation Transcript

  1. Constitutional Issues

  2. Balance of power • Need to fill in

  3. Impact of High Court Decisions • Outline it’s role. • Phases(or are they trends?) and examples. • Evaluate impact. • Is it important? • What are overall trends?

  4. Impact of High Court Decisions • Of course it is as it is the most important agent for constitutional change and also sets the precedents for common law. • Why, because other forms of constitutional change are limited. What are these? • Is highest court in the land for common law.

  5. High Court • Overall trends are: • Activist and centralist and Implied Rights • Need examples

  6. Significance of 1975 crisis • Conventions Vs Constituitons • Should they be codified? • Westminster Vs Washington(Federalism) • Constitutional Monarchy VS Republic • Role of GG (and PM) • Constitution seen as inadequate by public

  7. Republic debate • Arguments for a republic? • Arguments against a republic? • Is it likely to ever happen? • What type of model, but don’t spend ages on this.

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