WORD LIMIT: 2000 words
NUMBER OF QUESTIONS TO BE ANSWERED: SIX
SHORT-ANSWER QUESTIONS
QUESTION 1
To what extent does Karl Llewellyn’s ‘Remarks on the theory of appellate decision and the rules or canons about how statutes are to be construed conform to HLA Hart’s understanding of rule-scepticism?
LAW455 Jurisprudence Assignment- New England University Australia.

LAW455 Jurisprudence Assignment- New England University Australia.

QUESTION 2
‘Judicial decision-making in hard cases is legislative in character.’
How would Ronald Dwor kin view that claim, and why does he take the position that he does?

QUESTION 3
Indicate a difference between the legal positivist position and the natural law approach, and a difference between the legal positivist position and Dworkin’s approach.

QUESTION 4
Explain two points that Altman makes in relation to Dworkin’s approach that are relevant to the legitimacy of judicial decision-making, and explain why they are relevant to the legitimacy of judicial decision-making.

LAW455 Jurisprudence Assignment- New England University Australia.

LAW455 Jurisprudence Assignment- New England University Australia.

QUESTION 5
Mention what you see as Golds worthy’s most significant criticism of Aleinikoff’s nautical approach and explain how Aleinikoff could best defend himself against that criticism.

ESSAY QUESTION
QUESTION 6

Germany has a democratic system of government with strong-form judicial review involving a bill of rights. Those rights include freedom of the person, all persons shall be equal before the law, etc.

The German Constitutional Court very recently reviewed a law setting a carbon reduction target for 2030 together with substantive measures to reduce carbon emissions through spending initiatives and taxes on carbon emissions. The Court held that this legislation violated the rights especially of a younger generation of Germans by failing to take sufficiently strong measures to combat climate change. It thereby placed a disproportionate burden upon Germans later on to reduce carbon emissions, and such a burden would have an impact on practically every type of freedom. The Court ordered the government to pass legislation that remedied the contravention of rights that it found.

LAW455 Jurisprudence Assignment- New England University Australia.

LAW455 Jurisprudence Assignment- New England University Australia.

Outline the main arguments made by Dworkin and Waldron that relate to the democratic legitimacy of constitutional adjudication based on a bill of rights. What light do those argument throw upon the democratic legitimacy of the Court’s decision?