Government and Public Law Assignment

Part A (Recommended length: 1000 words) 

Question 1: Uluru Statement from the Heart 

(a) What are the three calls for reform contained in the Uluru Statement from the Heart?

(b) What is sovereignty?

(c) In the Australian federation, what is the sovereign status of the Commonwealth and Stategovernments?

(d) Would the establishment of the Voice to Parliament as called for in the Uluru Statement fromthe Heart be a recognition of Aboriginal and Torres Strait Islander sovereignty? Provide reasonsfor your response.

Question 2: Statutory interpretation and public law

Plastic Pollution Prevention Bill 2022 (NSW)…Section 3

The purpose of this Act is to eliminate the use of plastic in retail environments.Section 4

It is an offence to supply complimentary plastic bags in all supermarkets, grocery stores andgreengrocers.

Section 5It is an offence to encourage retailers to supply complimentary plastic bags in supermarkets,grocery stores and greengrocers.

Kim Nguyen runs ‘Nature's Organics', which is a greengrocer in Parramatta specialising in locallygrown, organic, heirloom produce. She is also the head of the Small Business Association ofNSW. In her view, the greatest environmental threat we face comes from the long distances overwhich produce is transported. She thinks banning plastic bags in retail stores inconveniencesshoppers, increases the profits of large retail chains (who can now charge for a plastic bag) anddoes not do enough to address our big environmental challenges. In fact, she thinks the plasticbag ban puts us on the back foot, because people will think ‘we're already helping the environmentby giving up plastic bags, why do we need to do more'.Kim plans to continue to offer complimentary plastic bags at Nature's Organics. She alsopublishes an op-ed in the Guardian on 8 October 2022 arguing that the plastic bag ban isdangerous and suggesting that retailers think about whether they are contributing to environmentaldestruction by supporting the ban.

She accepts that she will be committing an offence under s 4 if the Bill passes. She wants tocontinue her advocacy work in this space. She doesn't think writing op-eds like the one she wrotefor the Guardian would breach s 5 if the Bill passes.

The explanatory memorandum to the Bill states:

“Section 5 makes it an offence to encourage retailers to offer complimentary plastic bags. Thisprovision is focused on prohibiting the actions of those who seek to incite retailers to break thelaw. It does not criminalise general debate on environmental issues.”

In answering Question 2, do not consider constitutional validity.

(a) How does statutory interpretation reflect the rule of law?

(b) In order to determine whether Kim is guilty of an offence under s 5, a Court must decide whatthe word ‘encourages' means.

(i) Does starting with the text of s 5 reflect the rule of law? Provide reasons foryour response.

(ii) What does the Explanatory Memorandum say about the meaning of s 5?What are the limits of relying on the Explanatory Memorandum to determiningthe meaning of s 5?

(c) Is the principle of legality engaged by s 5? Why/How?

Part B: (Recommended length: 1500 words) 

In answering part B, choose ONE (1) of the following TWO (2) options

OPTION A:

Australia needs a constitutionally entrenched bill of rights at the Commonwealth level. Do youagree? Why/Why not?

Guidance: (These are prompts to consider. DO NOT SIMPLY SET OUT THE ANSWERS TOTHESE PROMPTS. THAT WILL NOT BE ENOUGH TO ANSWER THE QUESTION)In answering this question, consider the extent to which the existing system of rights protections isadequate. Ensure your argument addresses why constitutional entrenchment is/is not necessary.

OPTION B:

A number of limits arising from the strict separation of judicial power have been recognised underthe Constitution at the Commonwealth level. The existence and scope of these limits are areflection of the existence of the rule of law in Australia. Do you agree? Why/why not? Inanswering this question, you must refer to at least two (2) cases dealing with the impliedseparation of judicial power.

In answering this question, explain the different definitions of the rule of law. Which definition (orcategory of definitions) do you rely on to support your claim. Why is that the most appropriatedefinition or category of definitions to draw on? Do constitutional implications derived from theseparation of judicial power at the Commonwealth level impose limits? Drawing on the cases,explain what those limits are. Do the limits reflect the existence of the rule of law? How do thecases you draw on demonstrate the arguments you rely on to support your claim?

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