Commonwealth Constitutional Law LAWS2202 Final PDF

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ANU College of Law LAWS2202 Commonwealth Constitutional Law - Semester 2, 2019 Final Exam (Invigilated) This paper is for ANU students.

Instructions to Students: You must answer Parts A and B. Part A consists of 1 problem question. Your answer to Part A is worth 50% of the exam marks. Part B consists of 5 policy questions. You can answer either 1 or 2 policy questions. Your answer to Part B is worth 50% of the exam marks.

Exam Conditions: Examination Duration:

120 minutes

Reading Time:

30 minutes

Students must return the examination paper at the end of the examination This examination paper is NOT available to the ANU Library archives

Materials Permitted In The Exam Venue: (No electronic aids are permitted e.g. laptops, phones) Any material except electronic devices and except ANU library books

Materials To Be Supplied To Students: 2 x 20 page plain Scribble Paper x 2

Part A Semester 2 - End of Semester, 2019 Constitutional Law

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A Tasmanian parliamentary inquiry into the integrity of the political process reveals the following potential concern: advertising agencies representing political parties and candidates during elections tend to focus on issues affecting larger Australian States and ignore the issues that are most pressing in Tasmania. This is a consequence of large advertising agencies principally operating in other States and focusing on the issues that affect the larger States. The inquiry concludes that if advertising agencies operated principally in Tasmania, they would have a greater awareness of issues relevant to Tasmanians. In response to those concerns, the Tasmanian Parliament enacted the Improving Political Awareness Act 2018 (Tas) (the Act), which relevantly provides: Section 6: Political advertising agencies to operate principally in Tasmania To offer services to a candidate for a Tasmanian parliamentary election or a Tasmanian candidate for a Commonwealth parliamentary election, a political advertising agency must operate principally from an office in Tasmania. Madmen Pty Ltd is a political advertising agency for the purposes of s 6 of the Act. It operates principally in New South Wales. It offers its political advertising services across Australia, including to candidates in Tasmanian parliamentary elections and Tasmanian candidates for Commonwealth parliamentary elections. It would be disruptive of its existing business model for it to relocate its principal office to comply with s 6 of the Act. There is only one advertising agency that operates principally in Tasmania, Bass & Clarke Pty Ltd. It alone would not have the capacity to meet the advertising needs of all potential candidates. Western Australia has faced similar issues and introduced legislation that requires all television and radio advertising for State and local elections to have a minimum level of local content. The High Court upheld that Western Australian legislation earlier this year. Question Provide advice to Madmen Pty Ltd on whether it needs to comply with s 6 of the Act in order to continue providing its political advertising services to candidates in Tasmanian parliamentary elections and Tasmanian candidates for Commonwealth parliamentary elections.

Semester 2 - End of Semester, 2019 Constitutional Law

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Part B

1. How did Mason CJ and Brennan J differ in their approaches to measuring whether a burden on political communication was justified in ACTV? Is that difference discernible in the High Court’s most recent treatment of the second limb of the Lange test? 2. Has the High Court been consistent in its use of foreign precedents to illuminate the Constitution’s meaning? Answer by reference to the Engineers’ Case, ACTV and Betfair v Western Australia. 3. Do you agree with the High Court’s application of s 55 in Air Caledonie v Commonwealth to amending Acts containing provisions which impose taxation? 4. To what extent does the High Court assess the connection between the means and purpose of a law in constitutional analysis? Has a consistent approach been adopted? 5. Has the High Court’s decision in the Engineers’ Case had an enduring impact on Australian constitutional law?

End of examination paper

Semester 2 - End of Semester, 2019 Constitutional Law

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