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Essay Assignment (LAW2211/5211)   In 2017, an assembly of Aboriginal and Torres Strait Islander leaders issued a document called the Uluru Statement from the Heart

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Essay Assignment (LAW2211/5211)

 

In 2017, an assembly of Aboriginal and Torres Strait Islander leaders issued a document called the Uluru Statement from the Heart.  One of the proposals in the statement was the establishment of a body to improve the representation of the Indigenous Peoples of Australia in government decision-making.  Specifically, the statement called for the creation of a “First Nations Voice”, an elected body of Aboriginal and Torres Strait Islander delegates.  The “Voice” would discuss issues and pending legislation affecting Indigenous communities, and offer non-binding advice to Parliament on how to proceed.

 

As the push continues for Parliament to legislate for a constitutional referendum on the creation of the Voice, imagine the following hypothetical:  Parliament has passed legislation to enable the referendum to proceed and has fully funded a “Yes” side and a “No” side.  Each side is charged with making the case for why voters should approve the proposed Voice (the “Yes” side) or vote against the proposed Voice (the “No” side).  Before developing a campaign plan for things like advertisements, pamphlets, media talking points, etc., each side has hired a different prestigious law firm to write a research paper discussing the constitutional issues involved and to make robust legal arguments supporting their own side.  As a junior member of the firm, you’ve been asked to provide a first draft for a senior partner to review.

 

Instructions for LL.B. Students:  you have been hired by the “No” side.  Regardless of which side you are working for, prepare a high-quality research paper exploring the constitutional issues involved in the Voice and then present reasoned legal advocacy that support your side’s position.  Any constitutional issues may be canvassed in your paper, but the paper must include at least some discussion of the following specific concepts:  Parliamentary Supremacy, Representative Government, the Race Head of Power, the 1967 Referendum, and Judicial Review.

 

The deadline for this assignment is 11:55 PM on 4 January 2023.

 

This assignment is worth 40% of your grade for the course (LL.B. Students)

 

Word Count Limits: 2500 (LLB)

 

Late penalties will be assessed in accordance with the Assessment Procedure.

 

Each completed assignment must be uploaded on StudyDesk.

 

References should be in footnotes and comply with AGLC (4^th edition).

 

Assessment criteria are on StudyDesk

 

Calculation of word count, extension policy, and more are available in the Course Study Book.