Business_Law

0100090000032a0200000200a20100000000a201000026060f003a03574d 464301000000000001009602000000000100000018030000000000001803 0000010000006c0000000000000000000000350000006f00000000000000 000000008c0400001005000020454d460000010018030000120000000200 0000000000000000000000000000c0120000aa1a0000cb00000021010000 000000000000000000000000c0190300c7680400160000000c0000001800 00000a000000100000000000000000000000090000001000000014010000 31010000250000000c0000000e000080250000000c0000000e0000805200 00007001000001000000a4ffffff00000000000000000000000090010000 0000000004400022430061006c0069006200720069000000000000000000 000000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000120048ae120010000000acb112002caf 120052516032acb11200a4ae12001000000014b0120090b1120024516032 acb11200a4ae12002000000049642f31a4ae1200acb1120020000000ffff ffff8c501201d0642f31ffffffffffff0180ffff0180efff0180ffffffff 000000000008000000080000430000000100000000000000580200002500 0000372e90010000020f0502020204030204ef0200a07b20004000000000 000000009f00000000000000430061006c0069006200720000000000a0d7 130570a06032bd2b29c96c50120120580401d8ae12009c3827310b000000 0100000014af120014af1200e87825310b0000003caf12008c5012016476 000800000000250000000c00000001000000250000000c00000001000000 250000000c00000001000000120000000c00000001000000180000000c00 00000000000254000000540000000000000000000000350000006f000000 0100000055558740637b87400000000057000000010000004c0000000400 000000000000000000001301000032010000500000002000000036000000 46000000280000001c0000004744494302000000ffffffffffffffff1501 000032010000000000004600000014000000080000004744494303000000 250000000c0000000e000080250000000c0000000e0000800e0000001400 00000000000010000000140000000400000003010800050000000b020000 0000050000000c0244003d00040000002e0118001c000000fb0204000200 00000000bc02000000000102022253797374656d00000000000000000000 00000000000000000000000000000000040000002d010000040000002d01 00001c000000fb02ecff0000000000009001000000000440002243616c69 627269000000000000000000000000000000000000000000000000000400 00002d010100040000002d010100040000002d0101000400000002010100 050000000902000000020d000000320a1300000001000400000000003d00 440020000c00040000002d010000040000002d010000030000000000 UNIVERSITY OF SOUTH AUSTRALIA Assignment Cover Sheet – Internal An Assignment cover sheet needs to be included with each assignment. Please complete all details clearly. If you are submitting the assignment on paper, please staple this sheet to the front of each assignment. If you are submitting the assignment online, please ensure this cover sheet is included at the start of your document. (This is preferable to a separate attachment.) Please check your Course Information Booklet or contact your School Office for assignment submission locations. Name: Karyn Marshall Student ID  8 5 3 6 0       Email: marshall_karyn@hotmail.com Course code and title: Foundations of Business Law School: UNISA Program code: BLW16 Course Coordinator: Jim Thomson Tutor: Day, Time, Location of Tutorial/Practical: Assignment number: 1 Due date: 20/09/10 Assignment topic as stated in Course Information Booklet: Essay Further Information: (e.g. state if extension was granted and attach evidence of approval, Revised Submission Date)   I declare that the work contained in this assignment is my own, except where acknowledgement of sources is made. I authorise the University to test any work submitted by me, using text comparison software, for instances of plagiarism. I understand this will involve the University or its contractor copying my work and storing it on a database to be used in future to test work submitted by others. I understand that I can obtain further information on this matter at http://www.unisa.edu.au/ltu/students/study/integrity.asp Note: The attachment of this statement on any electronically submitted assignments will be deemed to have the same authority as a signed statement. Signed: Date: Date received from student Assessment/grade Assessed by: Recorded: Dispatched (if applicable): 1034 words Introduction In this assignment I will be writing about whether it is inevitable that Australia will become a Republic or stay as a Monarchy. I will be putting forward a case if I agree or disagree with Mr. Abbott who is the Leader of the Opposition about whether Australia should stay monarchist country or become a republic. I have a theory and I agree with Mr. Abbott that why fix a constitution that isn’t broken. To become a Republic would take a referendum and then the results would have to go to parliament and then they would have a debate and then have a vote to see if the referendum passed or was defeated; and this would take a while to happen as nothing happens in government in a hurry. Our constitution is over one hundred years old and is still relevant to today’s society; I can understand people wanting a republic but have they realized how long and a costly exercise it would be and I think the money could be spent on more important things (health and education). For an amendment or adoption of the present constitution there would have to be an abolition of the monarch’s role as Head of State and then we would need to create a new office. There would need to be provisions for the appointment and also how the Head of State could be removed; other provisions that need to be removed would be the references to the Queen and her representative the Governor General. Or we could adopt what would be classed as an Executive President which would need a completely new constitution. To change the constitution there would need to be a referendum and the advantages of this is that the population of Australia has the right to have a direct input into the process of change; the disadvantages are that since the constitutions inception there have been 42 amendments and only eight have been passed and of the thirty-four rejected proposals only five have attracted a majority of the total number of voters, but they failed to attract a majority in four or more states we see this as Australians are reluctant to make any radical change. (1) After changing the Constitution we would then need to change the name from the Commonwealth of Australia to what the Federal Republic of Australia; but there doesn’t seem to be a strong case to change the name. Do we change the Governor Generals title to President, but there should be no need to change the preamble of the constitution To change the Head of State from the Queen to for example a president, how would they be elected; by the Parliament, by the Prime Minister (which could lead to a conflict of interest), by the Council of Australian States or by the People. In a Republic the Head of State would have the same powers of the Governor General so why change what we already have; it has worked for over one hundred years and I don’t see any reason for change. In the modern constitutional monarchy it consists of democratically elected parliaments and their leaders; such as the prime minister, who exercises the power of the government. The difference between a constitutional monarchy and a republic is considered to be more of a difference of detail than of substance. In both cases the titular head of state either monarch or president serves the traditional role of embodying and representing the people of the nation, while the actual governing of the country is carried by the elected Prime Minister. A constitutional republic is a form of representative democracy where the head of state and other elected officials must govern according to the existing constitutional law that limits the government’s power over citizens. This type of republic has been described as a government of laws not people and these republics are a deliberate attempt to diminish the perceived threat of majoritarianism, thereby protecting dissenting individuals and minority groups from the tyranny of the majority. This not a pure democracy but it does has some democratic elements such as the ability of the people to elect their leader (e.g. the American president) and this is the type of republic that the people seem to want to have here in Australia. How would a head of state be elected in a republic, and the head of state would need to be above politics and they should be seen as a non-partisan figure. With a constitutional monarchy it is a form of government in which a monarch acts as head of state within the parameters of a codified, uncodified or blended constitution. The monarch has strictly Ceremonial duties and they may have reserved powers depending on the country’s constitution and they have a directly or indirectly elected prime minister who leads the parliament. This system has worked well for Australia over the past one hundred years or so and many people can’t see the need for change and also don’t see the need for the unnecessary expense needed for a referendum. Conclusion In this instance I agree with Mr. Abbott that a Republic isn’t inevitable; because as I see it people keep an open mind and they don’t see the purpose in spending money on a referendum, so that then the parliament will have to agree to pass the laws to change the constitution which usually will take more than a few years; then they will have to enact a Bill of Rights and then get new law passed by the country’s monarch which will most probably not be passed by her. Until the new laws are passed by the Queen or her representative there can be no changes to our constitution. Then we could have the problem that some of the states don’t want to become a republic and some do; that will depend on the State’s constitutions. I cannot see why we can’t stay the way we are as I said before if it isn’t broken why fix it, as I stated previously why spend all that money on a referendum when it could be better spent on health, education and infrastructure for the better of the Australian people. References (1) (Tasmanian Advisory Committee on Commonwealth/State Relations, A Republican Australia' – Issues for Tasmania, Tasmania 1995). (G. Lindell, “The Arrangements for Self-government for the Australian Capital territory. A Partial Road to Republicanism in the State Government' 3 Public Law Review, p. 5, 1992). http://en.wikipedia.org/wiki/Constitutional_monarchy http://en.wikipedia.org/wiki/Constitutional_republic (K. R. Handley, Constitution Building for a possible Republic – The Problems, Paper delivered at the Curtain Raiser for the People’s Convention, Great Hall, University of Sydney, 30 November 1996). (B. Teague, “The President of the Commonwealth of Australia,” address by Federal Liberal Senator Baden Teague to the Senate, 25 June 1996) (Republic Advisory Committee The Report of the Republican Advisory Committee. An Australian Republic, Commonwealth of Australia, Canberra 1993)