According to Justice Brennan in the Mabo case, the High Court was not free ‘to adopt rules that accord with contemporary notions of justice and human rights if their adoption would fracture the skeleton of principle which gives the body of our law its shape and internal consistency’. What do you think he meant by this?
LAW10004 Assignment Part (A) This assignment makes up 10% of the marks for this unit. Assignment instructions Students are expected to research the relevant legal area and write an answer for the question. The word limit for the written answer is 1000 words. Your assignment must be submitted as a Word document via Turnitin on Canvas by Friday August 28, 2020, 23:59 Late Submissions: Unless an extension has been approved, late submissions will result in a penalty. You will be penalised 10% of the assessment’s worth for each calendar day the task is late, up to a maximum of 5 working days. After 5 working days, a zero result will be recorded. The assignment must be typed and comply with the following: (a) Double-spaced in Times New Roman font size 12 (b) You may use default left and right margins on Microsoft Word (c) Use the legal referencing footnote system provided by The Australian Guide to Legal Citation (AGLC) published by the Melbourne University Law Review Association. Please refer to the Swinburne Library website on how to cite using AGLC: http://www.swinburne.edu.au/library/referencing/aglc3/. (d) Your assignment must contain at least two research source references, excluding the course textbook. (e) Bibliography Declaration and Statement of Authorship All students must agree to the following declaration when submitting assessment items 1. I/we have not impersonated, or allowed myself/ourselves to be impersonated by any person for the purposes of this assessment. 1. This assessment is my/our original work and no part of it has been copied from any other source except where due acknowledgement is made. 1. No part of this assessment has been written for me/us by any other person except where such collaboration has been authorised by the lecturer/teacher concerned. 1. I/we have not previously submitted this work for a previous attempt of the unit, another unit or other studies at another institution. 1. I/we give permission for my/our assessment response to be reproduced, communicated, compared and archived for plagiarism detection, benchmarking or educational purposes. I/we understand that: 1. Plagiarism is the presentation of the work, idea or creation of another person as though it is your own. It is a form of cheating and is a very serious academic offence that may lead to exclusion from the University. 1. Plagiarised material may be drawn from published and unpublished written documents, interpretations, computer software, designs, music, sounds, images, photographs, and ideas or ideological frameworks gained through working with another person or in a group. 1. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited. I/we agree and acknowledge that: 1. I/we have read and understood the Declaration and Statement of Authorship above. 1. I/we accept that use of my Swinburne account to electronically submit this assessment constitutes my agreement to the Declaration and Statement of Authorship. 1. If I/we do not agree to the Declaration and Statement of Authorship in this context, the assessment outcome may not be valid for assessment purposes and may not be included in my/our aggregate score for this unit. Penalties for plagiarism range from a formal caution to expulsion from the university, and are detailed in the Student Academic Misconduct Regulations 2012. Question According to Justice Brennan in the Mabo case, the High Court was not free ‘to adopt rules that accord with contemporary notions of justice and human rights if their adoption would fracture the skeleton of principle which gives the body of our law its shape and internal consistency’. What do you think he meant by this? 1