LAW2111 Constitutional Law Semester 1, 2017 Compulsory Research Assignment Instructions Topic The concept of ‘proportionality’ has a role to play in determining whether a law comes within a purposive head of power, and in relation to whether a law is within the incidental scope of a non- purposive head of power. In Leask v Commonwealth (1996) 187 CLR 579, 616, Toohey J stated that extending proportionality to become a ‘general touchstone of constitutional power’ would result in the Court being ‘drawn inexorably into areas of policy and of value judgments.’ Do you agree, or should proportionality have a greater role to play in characterisation? Explain your opinion with reference to case law and commentary. Weighing, word limit and deadline The assignment will be marked out of 20, and is worth 20% of your mark for this unit. The word limit for the assignment is strictly 1000 words. 1 mark will be deducted for every 100 words or part thereof by which your answer exceeds the word limit. Footnotes are not included in the word count, provided that they do not contain substantive text. The deadline is strictly 17:00 AEST, Monday 10 April 2017. Late submission without a pre-approved extension will incur a penalty of 2 marks for each day or part thereof. Presentation and submission requirements Header must contain your student ID number. Footer must contain page numbers. Use only A4 format and 11pt Times New Roman font. Submit in PDF format only. You must include a bibliography, which will not be included in the word count. References must be footnoted and conform to the most recent edition of the Australian Guide to Legal Citation. You may use Turnitin to check your work, but must submit via Moodle (the Assessment tab).
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