Topic: Australian Constitutional Law

Topic: Australian Constitutional Law

Order Description

Research Essay

This essay consist of 3 parts (Question a, b and c) and I have finished the introduction and the first question, Q a. This order is for you to please complete the

rest, Q b, c and the conclusion, in 5 pages. Please also note that the referencing is to be in line with the Australian Guide to Legal Citation. And as always, please

be aware of the danger associated with plagiarism. Since I’m working on a tight deadline, it’d be appreciated if you could please finish this by 10am 9th September

(SYDNEY TIME). I will make sure to pass on all the resources researched. Thanks

Length: 2500 words.

Read together, sections 7, 9 and 51(xxxix) of the Constitution gives the Parliament the power to prescribe the method of voting for members of the Senate, provided

that method permits voters a free choice among the candidates for election. The result of the Senate election in 2013 has sparked debate about how representative the

current system is because the distribution of preferences delivered Senate seats to parties with a very low primary vote. Proposals for reforming the senate voting

method have focused on the introduction of an optional preferential system of voting for the Senate to replace the current system where voting by the majority of

voters ‘above the line’ largely restricts the distribution of preferences to the choices and deals made by the candidates.

Question a. Discuss and compare the current system of electing the members of the Senate with an optional preferential system and critically analyse the difference(s)


Question b. Which voting method for the Senate best advances the objective of representative government contained in the Constitution and how? and

Question c. While a right to vote has been found to be entrenched in the constitution through the use of the words ‘chosen by the people’, do you think the method of

voting for the Senate should also be constitutionally entrenched, limiting the power of the Parliament to determine and change the method of electing the Senate and

require a constitutional amendment approved by the people under the terms of s.128?

In completing the essay you should consider the historical purpose of the Senate, who has the power to determine the electoral system and its design and what

constitutional problems can be identified as arising from the Senate election in 2013, particularly the success of ‘micro-parties’.

In assessing the essays the markers will take the following academic criteria into consideration in allocating marks:
– Includes a developed introduction and conclusion
– Understands and addresses/answers the essay question and the issues arising
– Is written clearly and concisely with correct grammar and spelling
– Is structured/presented in a way that is easy for the reader to follow
– Contains logical and persuasive argument developed in a coherent manner throughout the paper
– Research of relevant scholarly writing
– Research of case law and use of relevant cases
– Demonstrates a critically analytical and reflective approach to the issues raised in the question
– Displays individual/creative/original insight
– Demonstrates that the student has engaged with and thought about the topics specified by the question and their relationship to the subject as a whole
– Uses proper referencing (AGLC) and includes a bibliography
– Proper referencing is essential and marks will be deducted where referencing is inadequate or not consistent with the Australian Guide
to Legal Citation.


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