Legal Studies - Help ! (1 Viewer)

[Joohlie]

There's a question on my revision sheet which I need help with

What is the status of delegated legislation in relation to the common law & other statute laws in terms of which prevails in the even of a conflict?

Any help is appreciated

 

[an1tzz]

Mention section 109 of the constituition that states in the event of a conlict, federal law prevails state law..

 

[topdeck]

well delegated legislation is statute law, and statute law always takes precedence over common law, so you could mention that.

 

[Joohlie]

Thanks guys

Okay , another question .. LOL

Are laws just, fair and equitable in their operation? Explain with an example.

Can I say that ideally laws should be just, fair and equitable but in reality laws are not just, fair and equitable in their operation because a law may be just in that it has all the characteristics of a just law but may be perceived as unfair to a group within society.
I can't come up with an example..

 

[Xianyunyehe]

回复: Legal Studies - Help !

you might want to talk about some cases involve aboriginal people are discriminated in our legal system.
there is a case that the police dragged an aboriginal man by his hair to the police station because they believed he had done something offensive, and another guy called FRANK BUTTON you can find something about.