Legal Studies Study Notes

The Australian Constitution establishes Australia’s parliamentary system and provides mechanisms to ensure that parliament does not make laws beyond its powers. Parliament is the supreme law-making body, and courts have a complementary role to parliament in making laws. Courts can make laws through the doctrine of precedent and through statutory interpretation when determining cases. In this area of study, students examine the ways in which the Australian Constitution acts as a check on parliament in law-making, and factors that affect the ability of parliament and courts to make law. They explore the relationship between parliament and courts in law-making and consider the capacity of both institutions to make law.

Laws should reflect the needs of society, but they can become outdated. Individuals and groups can actively participate to influence changes to laws, and law reform bodies (including the Victorian Law Reform Commission, parliamentary committees, and Royal Commissions) can investigate and make recommendations for change. Laws can be changed by parliament and the courts, while constitutional reform requires a referendum. In this area of study, students investigate the need for law reform and the means by which individuals and groups can influence changes to the law. Students draw on examples of individuals, groups and the media influencing law reform, as well as examples from the past four years of inquiries of law reform bodies. Students examine the relationship between the Australian people and the Australian Constitution, the reasons for and processes of constitutional reform, the 1967 referendum about First Nations people and the 2023 referendum about an Aboriginal and Torres Strait Islander Voice.

The purposes of the Victorian criminal justice system are to determine whether an accused person is guilty beyond reasonable doubt of an offence for which they are charged, and to impose sanctions when a person is guilty of committing a crime. The system includes the courts (the Magistrates’ Court, County Court and Supreme Court) and institutions such as Victoria Legal Aid and community legal centres available to assist an accused and victims of crime. In this area of study, students explore the criminal justice system, key personnel, and the use of plea negotiations to determine a criminal case. Students investigate the rights of the accused and of victims, and explore the purposes and types of sanctions and sentencing considerations. They consider the impact of time, costs and cultural differences on the ability of the criminal justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the criminal justice system to actual and/or hypothetical scenarios.

One of the aims of the Victorian civil justice system is to restore a wronged party to the position they were originally in before a breach of civil law occurred. There are a range of institutions in Victoria that aim to help parties resolve a civil dispute, including courts (the Magistrates’ Court, County Court and Supreme Court), Consumer Affairs Victoria, and the Victorian Civil and Administrative Tribunal. In this area of study, students consider the factors relevant to commencing a civil claim, examine the institutions and methods used to resolve a civil dispute and explore the purposes and types of remedies. Students consider the impact of time and costs on the ability of the civil justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the civil justice system to actual and/or hypothetical scenarios.