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Commonwealth v australian capital territory

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Michelle Sanson and Thalia Anthony, Connecting with Law (Oxford University Press, 4th ed, 2019) Chapter 7 provides an overview of major schools of thought in law, or 'jurisprudential schools'. Critically analyse the decision in Commonwealth v Australian Capital Territory (2013) 250 CLR 441 and discuss: how do the theoretical materials studied in the subject so far help us to understand and critique the decision?

You should consider in your essay how the decision aligns with a particular jurisprudential school studied in the subject so far. For example, did the court reasoning more strongly reflect the approach of natural law theory, or legal positivism?

Consider any possible counter-arguments to your conclusions. The research materials necessary to answer this question, including a copy of the case, are listed below and can be accessed via the matrial and the university library. Your essay can also engage with seminar materials beyond the textbook chapter, and further research; note, however, that you will not need to make reference to any more than 2-3 further sources to perform well in this task.

Reference no: EM133214910

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