Constitutional Law – Legal Memorandum

Paper , Order, or Assignment Requirements

*Just the legal memo, not the reflection*

Legal Memorandum Assessment

The Council of Australian Governments (COAG), the peak intergovernmental forum in Australia which counts the Prime Minister and State and Territory Premiers and Chief Ministers as its members, recently met to discuss various proposed legislation that would address the boat refugee problem and global terrorism. At the meeting, the COAG also highlighted concerns about corruption and political partisanship of some federal and State court judges.

 

The Prime Minister is considering a push in Parliament of the following proposed legislation:

One. Create a Royal Commission, with some judges of the High Court and federal courts as members, to study and investigate the boat refugee problem and global terrorism, and submit a report thereon to Parliament.

Two. Create a Special Commission composed of some federal judges and parliamentarians to review proposed legislation to ensure that they are in conformity with the Australian Commonwealth Constitution.

 

Three. Empower the Chief Justice of the High Court, upon advice of the Prime Minister and his Cabinet, to dismiss a federal court judge for acts of corruption or political partisanship.

 

In a similar vein, the State Premiers are also considering a push in their respective State Parliaments of the following proposed legislation:

One. Create a Special Commission composed of some judges of the State courts with the power to investigate persons who may be involved in terrorism.

Two. Create a Special Commission composed of some State and federal judges and State parliamentarians to review proposed legislation to ensure that they are in conformity with the Australian Commonwealth Constitution.

Three. Empower the State Premiers (in their respective States) to dismiss any State judge for acts of corruption or political partisanship.

As a Legal Officer of the COAG, you have been asked to review the legality and constitutionality of the proposed legislation and provide legal advice to the COAG.

 

ASSESSMENT TASK:

Citing appropriate legal principles and case law, prepare a legal memorandum consisting of 1,250 – 1,500 words (excluding footnotes) that expresses your legal opinion on the legality and constitutionality of four of the six proposed legislation. (Do not express a legal opinion on all six proposed legislation). Appropriate legal principles and case law must be cited. No bibliography is required. The word count must be indicated at the end of the Legal Memorandum.

 

In addition, prepare a reflection paper, consisting of 400-500 words, that genuinely states and reflects on whether and how your Legal Memorandum addresses each criterion in the Legal Memorandum marking rubric. You must provide a mark for each criterion according to the marking rubric. The word count must be indicated at the end of the reflection paper.

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