How To Write A Career Goals Essay(3600字)

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How To Write A Career Goals Essay

The objective of a Career Goals essay is to gauge whether the student’s career goals will be met by doing an MBA programme or not. Before you start writing a career goals essay, you should be able to answer the following questions:

1)What are your short and long term career goals?

2)Why is MBA necessary for you? (Here you can write about the skills that you lack despite your educational qualification and professional experience.)

3)Why MBA at this stage of your life?

4)Why do you think a particular Business School is right for you?

5)What would be your contribution to the school?

评论:这个细分非常好,有些学校的提问看似是很简单的一句话,其实里面暗藏了很多的玄机。比如,“why MBA now”中,其实就包含了上面2和3两个小题目所要表达的意思。 我搜索了一下,发现有人分享了不一样的五个小问题,放在这里,供同志们参考一下: In order to match one's personal/career goals to an MBA program and why choose an MBA. you will have many things to ponder, such as:

1) What have you done in your life as a habit that show your passions, courage and motivation towards your goals?

2) Why now and not later?

3) Why couldn't another masters, internship or other venture provide the same result?

4) What makes you think that the MBA is all that important to what you know now and what you hope to learn?

5) What is the definition of an MBA in two sentences?

In these kind of essays a lot may depend on the career choices that you have chalked out for yourself in past. Your decision to choose a specific stream during the school time, the kind of undergraduate subjects that you took or the kind of interest groups that have been a part of so far. All should be connected in some way to prepare you for your short term goal- post MBA job- and your long term goals. You should be able to define the kind of role you want to play in an organization, and how do you plan to achieve such goals.

For example a Charted Accountant can make strong pointers in pursuing an MBA in Finance as well as joining a Finance club in college as a contribution to the college community.

If you are changing your field, do a thorough research on the field that you plan to choose during your MBA.

评论:“Charted Accountant”、“MBA in Finance”和“Finance club”这三者看起来关联性很好,这样的Career Goal读起来就很有说服力。这就是作者在写essay的时候所表现出来的良好的逻辑能力。

A few candidates may not have a well charted career path because of many reasons, there a candidate should be able to justify himself.

Honestly. A thorough research on a Business school is a must before writing any good application essay. Your research my consist of making contacts with alumni, visiting the school campus, getting your doubts cleared via mails or browsing through the websites of particular

schools. A thorough research would reflect your interest in school as well as in building a good impression among the admission committee members, who definitely would like to know whether you are serious about attending the school or not.

Give a personal touch to your essay. An essay should reflect you as a person and not someone who wrote an essay for you. Always write your essay yourself and get it read by a few people such as friends, teachers, colleagues etc. who can give you an honest opinion about your essay.

Remember:

A career goals essay should not merely be a summary of your resume. Your resume answers the question ?what? and you career goals essay should answer the question ?why?.

The one-year career goal that I have is to work hard for your company. I will try my best in doing my job efficiantly and timly. The five-year goal that i have is to move up in the company. With all the experiance that I gain from the company, I am confident that I can help the company achieving new success.




第二篇:How to Write a Legal Essay 56400字

HOW TO WRITE

A

LEGAL ESSAY

Compiled by ISAACS LAW SOCIETY

CONTENTS PAGE

How to write a legal essay ......................................................... 3

Getting Started ........................................................................ 3 General Tips ............................................................................ 4

Sample Essay Questions ............................................................ 8 Distinction Level Essay ........................................................ 8

General comments from the lecturer ................................... 18

Credit/Pass Level Essay ........................................................ 19 General Comments from the Lecturer ..................................... 26

Suggested reading ............................................................ 27 Internet Resources ............................................................ 27

Books .............................................................................. 27 Conclusion…………………………………………………………………………………………26

What follows is a general guide for legal essay writing. While we suggest that it?s a good idea to read the whole thing, we realise that it may take some time, but it will serve you well.

How to write a legal essay

Firstly, it is important to note that there are many ways to go about writing an essay for any subject, and this guide does not propose to put you in a better position than years of experience and practice will put you in. However we do hope to introduce you to some of the expectations lecturers place on you and hope to steer you away from common mistakes. We strongly recommend you browse at least one of the many legal writing skills guides listed at the end of this section. There is no “correct” way to write a legal essay, but by using this guide, we hope to make it easier for you.

Develop your own essay writing strategy

This is the most important point we can make. Simply reading ideas from a brief guide or a book precisely scripting how to write an essay doesn?t tell you how to write YOUR essay. You are going to be writing a lot of these things so the sooner you work out some sort of method that you can change as required the better off you are going to be. Injecting some of your personality into your work will make it stand out above others, as most essays require some analysis on how you interpret the law.

Getting Started

Focus on the essay question

Continually ask yourself what is the essay question actually asking me? What key-terms do I need to define? What do I need to focus on? What does the lecturer want me to demonstrate an understanding of?

Simply asking those questions isn?t going to write the essay but it will help you to concentrate on answering the actual question you are being asked especially when the question appears difficult to answer. It is a good idea to continually go back to the question itself to ensure you have an understanding of what it is asking of you. Consider this Administrative Law question:

To what extent are human rights required to be taken into account in administrative decisions? Discuss by reference to Teoh. (3000 words)

Even if you have studied Administrative Law this question should make you really think about how on earth to go about answering it. However by asking those questions we can discern that:

1) The Lecturer wants you to demonstrate a knowledge of the vague term ?human rights? and you are probably going to have to provide a balanced academic argument on how to define them;

2) The Lecturer wants you to focus on their application to decisions made in Government;

3) The Lecturer wants you to demonstrate their application in light of Teoh;

4) By asking ?to what extent…? the Lecturer wants you to look at the impact Teoh had on existing administrative practices, and how those practices may have changed since Teoh.

Sure you might still be stuck as to what to write, but at least you know what you should start looking at.

General Tips

Write multiple drafts

Everything ever written about essay writing tells you to write multiple drafts, why? Simply put: it works. Writing is a creative task and during the process of advancing your argument new aspects of the problem will occur to you. A comprehensive response to a question should address those aspects. Nobody is forcing you to write multiple drafts, and sometimes you really won?t have time but try this:

? As soon as you get the question it is a good idea to start brainstorming about any points you know on the topic and formulate some more questions to research. These can be ascertained from the gaps in your brainstorming session. After some preliminary research start to write your first draft, if you get stuck go back and research a little more and a little bit more until you spit out the first draft (keep in mind this requires you to start quite early, but spacing the work out lightens your workload);

? Leave it for a few days then come back to it and be critical of what you have done keep asking ?how does this relate to the question?? You will always look at the question in a more confident manner when your return to it;

? Rewrite where necessary and don?t become too attached to your first method of approaching the question (if it is all crap don?t salvage it, scrap it and rewrite it);

? Leave it for a few days then come back to it and be critical again. If anything more needs a re-write, be sure to add more things in and edit as you please. Don?t forget the basics of speeling grammar and (oh the hilarity, just keeping you on your toes)!

A first draft should only take a few days to write. You may be able to write a Credit essay at the last minute on your first draft but why settle for stress and a Credit when you can pace yourself and get a better mark? With a reduced workload, the clarity in your work will be more evident to the lecturer, and you will gain yourself a higher mark. Remember a first draft is only a rough version of what you want to say, a second draft is an informed version of what you want to say and a final draft is your opinion supported by authority. Do not Pad

Padding is material that is taking up your word limit and is not relevant to the essay topic. It is obvious to a lecturer and is evidence that you haven?t checked your work thoroughly, or you have misunderstood what the question is asking you. Check for padding by asking yourself ?how is this paragraph relevant to the essay topic?? or ?how is this sentence relevant to the title sentence of the paragraph?? Keep in mind the difference between maximum and minimum word limits. If there?s a maximum limit, padding is only going to hurt you, as a succinct answer may gain more marks. If there is a minimum limit, padding will only point out lack of relevant research.

Include other opinions

It doesn?t matter how long or short the essay is, if you present a one sided argument you have only done half of the work and it shows the lecturer that you haven?t considered opposing arguments adequately. You should present a range of opinions even when defining key terms to your argument for example ?human rights?. There are many differing opinions on what human rights actually are and you should present several opinions before settling on one or a hybrid definition for the purposes of your essay. Proper analysis can only take place when there is more than one argument. Write simply

Too often students try to show how well they can write by trying to cram every big word they know into an essay or by writing over complex sentences. The true essence of legal writing is simplicity. You don?t need to use tricky wording to sound more ?lawish?. A favourite example of UC Law School?s John Gilchrist is this:

We respectfully petition, request and entreat that due and adequate provision be made, this day and the date hereinafter subscribed, for the satisfying of this petitioner’s nutritional requirements and for the organising of such methods as may be deemed necessary and proper to assure the reception by and for the said petitioner of such quantities of bread products as shall, in the judgement of the aforesaid petitioners, constitute a sufficient supply thereof.

Or more simply:

Give us this day our daily bread.

KISS. Keep It Simple Stupid.

Verbose writing styles will only hinder you in practice, as it is a common reason for misunderstandings between lawyers and their clients. For this reason, it is best to aim for simplicity while you are still learning, so that you can perfect it before you get into the workforce.

Use technical terms correctly

If you are going to use terms like prima facie or ipso facto or any other technical legal word, make sure you know how to use it! Look up its meaning in a legal dictionary and compare how authors and the lecturer have used it to make sure you really do know how to use it. Using it out of context is a sure fire way for a lecturer to spot ill-researched work (and that you haven?t paid attention in class tsk tsk).

Reference Fully

Often you will write a great sounding sentence that sums up everything you want to say on a point with the impact you want it to have, but you don?t have a reference for it. As students we aren?t allowed to have an opinion unless we can show that:

a) Our opinion is shared by an academic; b) We have considered balanced academic opinion and found it lacking. In order to have the point recognised by the marker, and to maximise your marks you should reference sources for every statement you make because you are not a professional. It also points to valid research on your behalf and makes your essay look all the more professional. Without referencing, you may be right but you cannot analyse a professional without some sort of

authority. Remember, this can only be carried out with adequate research. If you?ve read widely, than you should be struggling to keep your references down!

Sample Essay Questions

Administrative Law

To what extent are human rights required to be taken into account in administrative decisions? Discuss by reference to Teoh.

(3000 words)

Distinction Level Essay

Introduction

The issue of human rights in administrative decisions has become very topical in Australian law, largely due to the issues surrounding immigration. The decision of Minister for Immigration and Ethnic Affairs v Ah Hin Teoh1 demonstrates a natural evolution of Australian law as it struggles to assimilate international obligations with municipal law. This struggle involves all three branches of the Commonwealth Government, the Executive, Judiciary and Legislature, and it is not yet over.

While Teoh is considered by many to be a landmark decision, the reality is that is spotlighted a growing evolution Australian administrative law. It will be demonstrated that prior to Teoh the Commonwealth Government was already underway in addressing how Australia deals with the issue of human rights domestically. Further the impact of Teoh is significant not so much in its rather cautious step forward, rather for the response it generated from the Executive and the questions these raise regarding the separation of powers doctrine and the role of the High Court.

It shall be demonstrated that this response was a reaction to judicial creativity and marks an important step in the evolution of human rights in administrative decision making.

Human Rights Defined In 1947 the League of Nations put forth a ?Declaration for Human Rights?. A statement of 30 articles, ratified by 48 nations in the General Assembly, it has become the authoritative statement of human rights for the whole world.2 ?The Declaration comprises on one consolidated text nearly the entire range of what today are recognised as human rights and fundamental freedoms.?3 1

2 (1995) 128 ALR 353 ?Human Rights: Australia in an International Context?, Peter Bailey, Butterworths, 1990. p1. 3 ?Economic, Social and Cultural Rights:? Universal Challenges? p15.

Australia was a signatory to this and has since gone on to ratify over 1300 treaties, 900 of which are bilateral (one other State), and the remained multilateral (more than two States).4 At the United Nations Convention on the Rights of the Child the ?Declaration of the Rights of the Child (The Declaration) was created. Article 3.1 of the Declaration states:

‘In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of the child shall be a primary consideration.’

The power of the Commonwealth to enter into treaties is contained within section 51 (xxix) of the Constitution and in practice the vast majority of treaties have been entered into by the Executive. International treaties

In Chaudhary v Minister for Immigration and Ethnic Affairs when interpreting ?strong compassionate grounds? within the Migration Act 1958 (Cth), the Court held this to be evidence of the legislature?s intention to see Australia?s interests as being wider than a ?mere concentration on economics. True national interest has a concern for Australia?s name in the world.?5

These sentiments were expressed in Fuduche v Minister for Immigration, Local Government and Ethnic Affairs where ?Australia?s true interests? included ?Australia?s moral obligations, particularly to its own people, and Australia?s national interest in behaving in a civilised manner.?6

In Pattanasri v Minister for Immigration, Local Government and Ethnic Affairs, Burchett J stated:

It has repeatedly been said that the discretion?s conferred by the Migration Act must be exercised in the interests of Australia. Those interests should not be understood in a narrow sense. They include Australia?s good name.7

Prior to Teoh attempts to link international obligations with international instruments had been unsuccessful, this was due to a reliance on judicial review of decisions made under the Migration Act 1958 (the Act) and not a denial of procedural fairness based upon an argument of legitimate expectation.8 4Canberra, 1993. p28. 5 (1994) 49 FCR 84. at 88. 6 (1993) 117 ALR 418, at 426. 7 (1993) 34 ALD 169, at 180. 8 One Small Step for Legal Doctrine, One Giant Leap Towards Integrity in Government, Margaret Allars, Sydney Law Review, Volume 20, 1995. at 243.

A significant prelude to Teoh arose after the enactment of the Human Rights Commission Act 1981 (Cth) (HR Act), where in Tabag v Minister for Immigration and Ethnic Affairs,9 the appellant attempted to link international obligations with administrative decision making. While this argument ultimately failed, Woodward J regarding the ?International Covenant on Civil and Political Rights? (ICCPR) scheduled to the HR Act not to add anything to common law principles requiring relevant consideration to be taken into account, it did signify a new and creative legal direction.

This ?High Court decision in Kioa v West10 made it clear that it was hopeless to argue that a non-incorporated international convention was a relevant consideration the decision maker was bound to take into account?.11 The role of international treaties was restricted to an aid for statutory interpretation, provided that:

1. legislation had been enacted to give effect to the treaty, and

2. there was an ambiguity in the language of the legislation.12

In Mabo v Queensland (No 2)13 in the course of explaining why the doctrine of terra nullius could no longer be accepted Brennan J stated:

The expectations of the international community accord in this respect with the contemporary values of the Australian people. The opening up of the International remedies to individuals? pursuant to Australia?s accession to the Optional Protocol to the International Covenant on Civil and Political Rights brings to bear on the common law the powerful influence of the Covenant and the international standards it imports. The common law does not necessarily conform with international law, but international law is a legitimate and important influence on the development of the common law, especially when international law declares the existence of universal human rights.14

These cases demonstrate the trend prior to Teoh of Australia?s concern for itself, and how it is seen in the eyes of the international community on the issue of human rights in administrative decision making.

It was Australia?s ratification of the Declaration on 17 December 1990, pursuant to section 47 of the Human Rights and Equal 9 (1982) 45 ALR 705

(1985) 159 CLR 550. 11 Ibid 8 217. 12 Minister for Immigration v Ah Hin Teoh (Case Notes), Kristen Walker and Penelope Matthew, Melbourne University Law Review, Volume 20, 1995, 243. 13 (1992) 175 CLR 1. 14 The Impact of International Human Rights Norms: A Law Undergoing Evolution, Michael Kirby, West Australian Law Review, Volume 25, July 1995. at 42. 10

Opportunity Act 1986 (Cth) that allowed the these arguments to take a new direction.

In Teoh the High Court did not back away from addressing the role and weight to be attached to international treaties in its statutory interpretation of the Act. The distinguishing point being that in order for an international treaty to be used for statutory interpretation it was not necessary for that legislation be enacted to give effect to the treaty15.

To understand how this argument arose it is necessary to examine Teoh.

Teoh

The matter came to the High Court by way an appeal by the Minister of Immigration and Ethnic Affairs of a decision of the Full Federal Court under Black CJ. While it is not proposed to detail all the circumstances surrounding the case, the key issue arising before the Federal Court was the extent to which Article 3.1 of the Declaration bound the Minister in administrative decision making. The central element of the judgements of Lee and Carr JJ was that the Declaration created a legitimate expectation that the actions of the Minister would be conducted in a manner that adhered to the relevant principles of Article 3.1, thereby requiring the Minister to have a duty of inquiry.16 While the High Court majority upheld the decision (McHugh JA dissenting), it rejected the notion of any duty of inquiry.

Legitimate expectation In Teoh the doctrine of legitimate expectation was subject to much discussion because of the High Courts earlier decision in Kiao v West.17 Kiao introduced a broad four-point test for the implications of procedural fairness that in effect reduced the importance of the doctrine of legitimate expectation.

Procedural fairness is generally implied where an exercise of power is apt to effect the interests of the individual alone, or to affect the individuals? interest in a manner that is substantially different from the manner in which is apt to affect the interest of the public.18

Teoh revived the concept of procedural fairness by expanding the definition set by Kiao when Mason CJ and Dean J delivered a joint judgment affirming the view that the ratification of an international 15

16 Ibid 8, at 209. Teoh v Minister for Immigration and Ethnic Affairs (1994) 121 ALR 436. 17 (1985) 159 CLR 550. 18 Ibid 582.

convention may generate a legitimate expectation. Rejecting the contention that a contention ratified by Australia, but not incorporated into our law could never give rise to a legitimate expectation that:

Ratification by Australia of an international convention is not to be dismissed as merely platitudinous or ineffectual act, particularly when the instrument evidences internationally accepted standards to be applied by the courts and administrative authorities in dealing with basic human rights affecting family and children. Rather, ratification of a convention is a positive statement by the executive government of this country to the world and to the Australian people that the executive government and its agencies will act in accordance with the convention. That positive statement is an adequate foundation for a legitimate expectation, absent statutory or executive indications to the contrary, that administrative decision-makers will act in conformity with the Convention and treat the best interests of the child as a ?primary consideration…19

If the ratification of international treaties were to have no impact Australians would be forced to accept the concern expressed in the New Zealand Court of Appeal in Tavita v Minister for Immigration ?that … adherence to the international instruments has been at least partly window dressing?.20

However the creation of a legitimate expectation does not create a duty of inquiry binding the decision maker to act in that matter, if so it would allow a treaty to be incorporated into domestic law by the back door21, rather:

[I]f a decision maker proceeds to make a decision inconsistent with a legitimate expectation, procedural fairness requires that a person affected should be given notice and adequate opportunity of presenting a case against the taking of such a course.22

Therefore as the Minister?s had not given notice that he was to make a decision inconsistent with Article 3.1, and did not afford the opportunity to present a case against this course, he had not afforded Teoh procedural fairness.

Common law rights

Perhaps the most radical decision in Teoh was the minority judgement of Gaudron J who saw that the common law rights were also a basis for a legitimate expectation. Gaudron J argument was based on the premise that the children as citizens had a common 19

20 Ibid 1, 290. [1992] NZLR 257, at 265. 21 Ibid 1, p365. 22 Ibid 1, p365.

law right to have their best interests taken into account, at least as a primary consideration, in all discretionary decisions by all government agencies affecting their welfare.23

Given that the convention gives expression to an important right valued by the Australian community, it is reasonable to speak of an extension that the convention would be given effect. However that may not be so in the case of a treaty or convention that is not in harmony with community values and expectations. There is a want of procedural fairness if these is no opportunity to be heard on this issue. And there is no opportunity to be heard if the person concerned neither knows nor is in a position to anticipate what the issues are. That is also the case if it is assumed that particular matter is not in issue and the assumption is reasonable in the circumstances. In my view and for the reason already given, it is reasonable to assume that, in such a case as the present, the best interests of the children would be taken into account as a primary consideration and as a matter of course.24 Gaudron J extended this line of argument to ask the question ?did other children who were not citizens also have this common law right?. While this minority judgment cannot be said to have any substantial impact on the development of law of legitimate expectation, it does suggest a far more radical approach of defining citizenship and the relationship between human rights and common law rights. This approach demonstrates that even at the highest levels of the judiciary, critical analysis is questioning the traditional approach of defining citizenship, human rights and the common law. The Teoh aftermath

?The High Court decision was greeted with horror by the government, primarily on the basis that it would be impracticable and lead to uncertainty in administration.?25 It was not also met with a great deal of interest by the media26 with the executive stating it would ensure a review of its international treaties.27

On 10 May 1995 a joint statement was released by the Minister for Foreign Affairs, Senator Gareth Evans and the Attorney General, Michael Lavarch that stated:

We state on behalf of the Government, that entering into an international treaty is not reason for raising any expectation that 23

24 Ibid 8, p225. Ibid 1, p376. 25 ?Who?s the Boss? The Judiciary, the Executive, The Parliament, and the

Protection of Human Rights?, Kristen Walker, West Australian Law Review, Volume 25, December 1995. at 240. 26 ?Extraordinary Judgement?, Padrac McGuinness, Sydney Morning Herald, 11 April 1995. 27 ?Court puts spotlight on treaties?, Sydney Morning Herald, 15 April 1995.

government decision-makers will act in accordance with the treaty if the relevant provisions of that treaty have been enacted into domestic law… Any expectation that may arise does not provide a ground for review of a decision. This is so for existing and for future treaties that Australia may join.28

On 28 June 1995 legislation was introduced in the form of ?The Administrative Decisions (Effect of international instruments) Bill 1995 (Cth).? Its preamble states inter-alia that its purpose is to ensure that ratification of a treaty by Australia could not give rise to a legitimate expectation that they would be applied in administrative decisions of the Commonwealth.

After introduction to the Senate, the Bill was considered by the Senate Legal and Constitutional Legislation Committee. Despite numerous submissions critical of it, the Committee recommended the Bill be passed without amendment. The subsequent change in government before its second reading resulted in the Bill not being passed in legislation.

On 10 September 1996, the then Attorney General, Daryl Williams advised that the new Howard Government would not proceed with the anti-Teoh legislation. However on 25 February 1997, in an apparent back-flip a joint statement29 was issued by the Attorney General and the Minister for Foreign Affairs, Alexander Downer. This foreshadowed the Administrative Decision (Effect of International Instruments) Bill 1997 (Cth) and stated that expectations envisaged by the Teoh decision were not being entertained.

The Teoh Decision caught the attention of the media30 due to its provocative facts (Teoh had been convicted of drug importation offences) and this fuelled public debate. However the real motivation behind both the Labour and Liberal governments joint statements were concerns with regarding judicial creativity within the Mason High Court.

Since his appointment in 1986, Chief Justice Mason had lead led the High Court in a number of landmark constitutional law decisions. By applying principles of legal creativity the High Court held that the Constitution contained within it implied rights. For example in Australian Capital Television Pty Ltd v Commonwealth of Australia31 the court held that the Constitution contained an implied freedom of political discussion. 28 Joint Statement on International Treaties and the High Court Decision in Teoh, 10 May 1995. 29 ?The Effect of Treaties in Administrative Decision Making?, Commonwealth of Australia Gazette, Number 69, 26 February 1997. 30 ?Extraordinary Judgement?, Padrac McGuinness, Sydney Morning Herald, 11 April 1995. ?Court puts spotlight on treaties?, Sydney Morning Herald, 15 April 1995. 31 (1992) 177 CLR 105.

Mason, to a large degree, accelerated a trend that had begun in the 1970?s 1970s as demonstrated in the decision of Murphyores Incorporated Pty Ltd and Other v Commonwealth of Australia32 where it was held that Commonwealth could imply from the Constitution environmental matters.

The Executive and Legislature generally tolerated this approach, however when Teoh generated the principle of a legitimate expectation the High Court had extended its creativity into the heartland of the Executive. The officious and unambiguous response by the Executive demonstrates its resentment of such interference and raises important questions concerning the separation of powers. While the Westminster tradition places the rule of the legislature as supreme, what happens when the legislature fails to resolve a conflict between the Executive and the Court?

Immediately after Teoh and the first joint statement numerous articles and commentaries addressed its ramifications. However as most were written in the first 18 months after the decision none addressed the ongoing situation where the legislature fails to intervene.

In her article ?One Small Step for Legal Doctrine, One Giant Leap Towards Integrity in Government?, Margaret Allars touches on the separation of powers issue and asks does Teoh give the Executive some de-facto power over the Legislature, via the High Court? Her opinion is that it doesn?t does no, rather that it is similar to the Executive entering into contracts.

This argument is inadequate and when comparing commercial contracts to human rights it fails to appreciate the importance and history of human rights in Australia. No doubt it was written with the expectation that it was a non-issue in light of the impending Bill, however it would be interesting to see if the intervening lack of action by the Legislature has affected her views.

In her article ?Who?s the Boss? The Judiciary, the Executive, The Parliament and the Protection of Human Rights? Kristen Walker sees the conflict between the powers as being at a bottom ?a simple enough struggle for power.?33 She contends that the Court?s increased emphasis on protection of human rights reflects the fact it is inadequate to equate democracy with majoritarianism. While stating the importance of the role the Courts she fails to progress the argument to address a long-term solution, except for a final and passing mention for a Bill of Rights.

Kristen Walker fails to appreciate that during the 1970?s 1970s a Bill of Rights was attempted and failed dismally due to the need for 32

33 (1976) 136 CLR 1. Ibid 25, 253.

Constitutional amendments to have emphatic State support and the absence of politicisation. It might be contended that this debate is important to generate ground swell for second attempt for a Bill of Rights, however this argument fails to accept the reality that only 8 eight of the past 48 referendum have been passed. A Bill of Rights is far too much of a political issue to meet the rigours required for Constitutional amendment.

The solution to this struggle for power and who should be the protector of human rights is answered in part with the new High Court.

The New High Court

The Executive?s response to belief that the judiciary had overstepped the mark was to appoint a Chief Justice to the High Court who was known to have a more conservative approach to statutory interpretation. In his address at the Australian Bar Association Conference earlier this year Murray Gleeson (CJ) stated that ?[t]he quality that sustains judicial legitimacy is not bravery, or creativity, but fidelity.?34 He went on to state:

Australian lawyers are familiar with recent examples of criticisms of courts for supposedly overstepping the boundaries of judicial review, and of legislative response to these criticisms. Internationally, allegations have been made that a process of judicialisation of public policy is subverting principles of government. The most effective response to such a concern is for judges to continue respect, and be seen to respect the terms upon which they exercise their authority. Like fairness legitimacy should be constantly on display in courts.35

Conclusion

Teoh has introduced the notion that in the absence of statute to the contrary, the ratification of an international treaty does create a legitimate expectation that treaties will be considered in administrative decisions.

The scope of the expectation in Teoh was extremely limited in that it doesn?t does not hold that the treaty to bind administrators in the ultimate decision, rather only it must be a consideration during the decision making process.

In understanding the decision-making process the administrator has no duty of enquiry. Rather that in the interest of procedural fairness they have to give notice and adequate opportunity for a case to ve 34 ?Judicial Legitimacy?, Australian Bar Association Conference, New York, 2 July 2000. 35 Ibid 33.

presented against the taking of a course that may be contrary to a ratified treaty.

In the context of the cases and legislation prior Teoh, this decision is a modest evolution of the law. However the Executive has made clear that it will make no attempt to accommodate a legitimate expectation in its administrative decision making process. While the motives for the reaction by Executive were based more upon indignation of interference, than reasons of practicality and uncertainty, ironically the winner will be human rights.

The uncertain status of the law regarding the right of a legitimate expectation in administrative decision making will guarantee that human rights will not be far from the spotlight. While it may be said the new High Court will take a more conservative approach and role back decisions such as Teoh this is not necessarily adverse as it will continue the development of arguments for the greater incorporation of human rights into administrative decision making. Further, it is this characteristic of constant flux and evolution that will continue to distinguish administrative law. the legislature is constantly changing and new governments will appoint Justices to the High Court with differing views. History has taught us that a reliance on a Bill of Rights becoming enacted is pointless. As a young country Australia must continue to charter its own course to develop an appropriate relationship of power between the Judiciary, Executive and Legislature, and key to this development will be the argument of human rights.

General comments from the lecturer about the example.

Sub headings should be avoided in a formal legal essay. If you had done your introduction correctly, they will be unnecessary.

Some referencing problems – books are underlined/italics and journal articles are placed in single brackets and the journal name/s underlined/italicised. Also, ibid is used incorrectly throughout most of the essay. Refer to a style guide regarding proper form.

Linkage of paragraphs needs work BUT good exploration of relational cases given. Without the linkage the essay reads like a series of case summaries – the argument needs to be woven into these case summaries more clearly.

Very good analysis of LAW and POLICY issues. This is the primary reason this essay received a DISTINCTION – it looks at the issue from a wider perspective.

HowtoWriteaLegalEssay

Remember to consult your unit outline and UC Law School?s own referencing guide for the proper format.

Credit/Pass Level Essay

Administrative Law

To what extent are human rights required to be taken into account in administrative decisions? Discuss by reference to Teoh.

(3000 words)

Introduction Human Rights as a predominant issue is one that is increasingly observed in the area of administration law. It is an area that has its place to play in regulating the fair administration of government policies and procedure. In the test case given36, an order for deportation to Ah Min Teoh?s home country of Malaysia after conviction for serious drug offences was successfully fought in the Federal and High Courts on human rights grounds. Counsel argued successfully on the grounds of the rights of his seven children, under the United Nations Convention on the Rights of the Child (which Australia has ratified), to not be deprived of family in their best interests. There are other contemporary cases where issues of human rights have influenced decisions37, but Teoh?s Case remains a landmark because of the ingenious and legally successful application of a human rights argument. However, this paper will propose that the decision itself was wrongly applied under the conventional understanding of human rights entitlements, and that other, better examples of applying these principles for the common good exist in our contemporary law. Whilst it is not contended that administration law is unaccountable for the use of individual rights in its decision making process, it is rather better all round to apply these particulars where the circumstances fully support the case. Human Rights as a factor in Administrative Decision-Making Rights granted to each and every citizen inhabiting a country as a matter of their material existence can loosely be regarded as human rights. This is a concept that every human being would have some understanding (and in many cases, experience) of. In the legal sense human rights are those rights considered as basic freedoms attaching to humans, and presumably protected by the law38. This understanding is important to have in the consideration of administration law, as the proposal at law in Teoh’s Case (that all 36

hereafter referred to as Teoh?s Case 37 Project Blue Sky v Australian Broadcasting Authority [1998] 153 ALR 490, Annetts v McCann [1990] 170 CLR 595.

38 Minister of State for Immigration and Ethnic Affairs v Teoh [1995] 183 CLR273, Legal Dictionary for Australians 64.

human rights, not just those of the accused, are protected by law) was what was successfully tested and tried.

The origin of human rights as an examinable part of contemporary administration law can be traced to the beginnings of the United Nations, after World War Two. It was in the administration of the trials for war crimes after the war that the genesis for a universal declaration for all began, Ostensibly the idea was to prevent any of the atrocities from the war being repeated in the same forms on subsequent generations, however the application of the Universal Declaration of Human Rights in 194839 in law has been shown over the years to have a far wider reach than was originally thought. It is now given that our Australian Government is under a general obligation to follow in its laws and administration any of the general principles that apply from treaties it has ratified, whether or not these principles have been included in our domestic law via legislation40. It is not necessary to have an International Bill of Rights, or an Australian Bill of Rights, for these proposals to stand ground when examined.

Insofar as Australian administration law applies, the protection of the rights enounced by these international covenants continues to grow within our system. In many areas of administration, judicial review strictly applies these concepts to the decisions and processes by such bodies, in order to make sure that any right which is accorded a person is not overturned. For example, tribunals and authorities vested with the power to rule on areas of administrative law must follow the principle of natural justice41, a close twin to the cause of human rights.

If such a manner is not pursued properly in the course of this area of law there is room for review of any affected decisions This was the crux of the decision in Teoh’s Case.

The rights belonging to the child are concentrated on in the test Teoh’s Case. The UN Declaration of the Rights of the Child was proclaimed on 20 November 1959 by the United Nations42 and has had world-wide application since then. This is generally a document seen as a statement of duty towards children,43 but in particular Declaration 6 is the key upon which the test case turned its argument: 39 See Human Rights CG Weeramanty, Rights and Freedoms in Australia, Federation Press 1990 240. 40 Ibid 246. 41 Implications of fair hearing and manner, good faith and unbiased reportage, and of the opportunity to question and correct any material prejudicial or incorrect to a person?s position. Legal Dictionary for Australians 99. 42 Alice Erh-Soon Tay, ?Rights of the Child? Human Rights Commission for Australia 60. 43 Ibid.

The child, for the full and harmonious development of his personality, needs love and understanding. He shall wherever possible, grow up in the care and under the responsibility of his parents, and in any case in an atmosphere of affection and moral and material security...44

Overall, the concepts of parent, child, duty and responsibility are left for as loose an interpretation in law as possible, given that there are many different forms of family units worldwide with different manners of meaning.45 It seems that these sorts of principles laid down by a worldwide body would have cause to advance the growth and sense of an individual country?s administration, when applied properly. Indeed, that was arguably the immediate intention of the legal presentation at Federal Court level in Teoh’s Case. However, it will be shown that rather than acceding and strengthening the principles set out in Declaration 6, Teoh’s Case actually emulates the original generality the United Nations Declaration presents. Any material advance in the cause of human rights and administration law that could be constructively gained from the decisions is lost in the perspective.

Case Law and Teoh; other Examples of Human Rights Decision-Making.

Before presenting the argument for the lack of practical sense in the application of human rights in Teoh’s Case, it is interesting to consider quickly some other major administration law cases where different versions of rights, or a right, are applied. This will show that far from being a static field for administrative decisions, human rights can be applied meticulously and with proper intent in the area for the benefit of all concerned. In fact of law, they are a paramount influence in the direction our : administrative decisions now take. First, one of Australia?s most revered judgements has an application of human rights in the administration of legal duty in regard to treaties. Justice Brennan in Mabo v Queensland (No 2)46 stated that international treaties may not have to be incorporated into the Australian domestic law by way of the parliament before they have a:

“legitimate and important influence on !he development of !he common law, especially when international law declares the existence of universal human rights.”47 44 Human Rights Commission Report No 4; Human rights and the Deportation of Convicted Aliens and Immigrants 31. 45 G van Bueren. The International Law on the Rights of the Child 71. 46 (1992) 175 CLR 1. 47 Ibid at 42.

This was the general premise the Full Federal Court used when considering the argument put to them by Teoh?s counsel, on the application of the Declaration of the Rights of the Child. Until this time, the argument had not even been raised on behalf of Ah Min Teoh. Like the argument used in Mabo, the application on human rights grounds was a success.

Second, the High Court case of Annetts v McCann48 raises another human rights argument, that of possessing a legitimate expectation to be heard, or in the case of Ah Min Teoh, to allow his children?s rights to be heard. In this case, the parents of a deceased Australian jackeroo, James Annetts, wanted to be allowed to present submissions to the Coroner?s Court when the inquest into the son?s death was heard. There was considerable conjecture involved in this case as it was considered the owner of the station involved had been negligent in allowing the boys to perform duties that ultimately involved their deaths. Also, statute law regulating the conduct of the coroner was subject to scrutiny by the High Court in its determination on whether fair play and procedural fairness was properly catered for. In the majority judgement Mason CJ, Deane J and McHugh J reiterate the principle that legal representation at the inquest entitled the parents to a legitimate expectation their interests would be heard, in this case to protect the reputation of their deceased son. It did not matter that the interest was either that of their deceased son, or of themselves as parents. What mattered was that there was an enforceable common law right to be heard in opposition to any potential adverse finding in relation to themselves or the deceased, notwithstanding any terms to the contrary under statute.49 This right to be heard, not only for the person involved but those legitimately affected, was also a major influencing factor in the legal argument put before the High Court in Teoh’s Case.

On a final application, if there is current domestic legislation stating that a requirement of international rights and obligations are to be observed, at either a commercial or individual level, it will be upheld at law in favour, whether or not the matter arising is a personal or commercial one. In the case of Project Blue Sky v Australian Broadcasting Authority'’ the premise stated above was considered in the light of allowing foreign broadcasters equal access to Australian markets. It was considered that as there was domestic legislation with specific requirements to act under any conventions to which Australia was a party to, the decision to allow New Zealand content into Australian broadcasting over local material was not in itself a 48

49 (1990) 170 CLR 596 Ibid majority judgment at 599.

breach of human rights.50 In applying this logic to the application of the Rights of the Child covenant in Teoh’s Case, it seems that this may overrule the rights of deporting convicted heroin dealers, or the rights of citizens affected by such dealings.

This needed to be placed much earlier in rhe essay. Also your case analysis of Teoh needs to be more derailed -rhe question asks you to discuss rhe issue with reference to rhe case. Therefore, it must be analysed methodically and in derail in order to answer the question.

Teoh’s Case: Applying Human Rights in Administration Law. Turning to the test case, we see that Ah Min Teoh benefited from some particularly ingenious and clever legal representation when his circumstance reached the higher courts. This representation hinged on the legal point that ratification of an international convention by the Executive can create a legitimate expectation that the executive will act in accordance with the convention51 It meant that on appeal to the Full Federal Court Teoh?s legal counsel could submit that his children would be unfairly disadvantaged if he was removed to his home country, with detrimental effects on them all.

Ah Min Teoh was originally served a deportation order for his conviction and subsequent imprisonment for importing trafficable quantities of heroin through the mail for his addicted wife, Jean Lim, His wife had previously been attached in a de facto relationship to his brother (who had died), which explained the original terms of their meeting, Upon their marriage in Australia in 1989 more children were born, and on conviction Teoh was responsible for seven children and a heroin-dependant wife. His deportation order was served shortly before the expiration of his prison sentence.52 The Full Federal Court allowed an amendment to the appeal when presented to them, which outlined for the first time the claim that the children of the marriage and previous relationships would be unfairly disadvantaged under the United Nations Declaration of the Rights of the Child. The appeal was allowed on this ground after investigations by a delegate of the Minister?s department had revealed that Teoh was substantially responsible in material and emotional ways tor the family?s well-being. A central element of the judgements of the Federal Court Judges, Lee and Carr JJ,? was that of the legitimate expectation of the children?s rights to be 50 See Ryszard Piotrowicz, International Human rights in Australian Law and Policy, Butterworths 2000 203. 51 "Chris Ellison, Trick or Treaty: Commonwealth power to make and implement treaties, Canberra 1995. 52 See Margaret Allars, 'Teoh's Case and the Internationalism of Administration law' (1995) Sydney Law Review at 206 for an excellent factual background of the case.

considered53. This expectation was also in line with the principles of good administration and procedural fairness that the United Nations Convention elaborated. On these grounds the principles of fair decision making in administrative procedure can be seen to stand. The High Court also followed this line of reasoning but extended it further than the Full Federal Court. Their position was that it was just the ratification of the international convention that provided this ground of expectation, nothing further. Whilst counsel for the Minister?s department had argued there was no reasonable expectation of legitimacy when a treaty was unincorporated, this was rejected overall by the majority decision.54 The Court also noted that such treaty-making decisions or covenants could have binds on the Australian law by virtue of statutory interpretation, even when a relevant statute was not there.55

Toohey J also delivered a solid review on the concept of legitimate expectations which supports their place in the field of acceptable human rights, stating that it was not necessary for the person affected to have any personal knowledge of the treaty or covenant to which he applies his appeal.56 He also reinforced the fact the grounds for this appeal were not presented until the Full Federal Court was in session, and went further in his argument on the rights of Teoh?s children to be heard in their best interests.57

Why Teoh’s Case is Poor Practical law: Ly and Minister for Immigration and Multicultural Affairs On analysis Teoh’s Case seems to support the idea that human rights, as an acceptable ground for administrative review, were correctly applied with an acceptable outcome for all involved. Teoh?s deportation appeal was upheld, his family were left intact and a respect for the rights of Australian citizens to deal fairly with their administration seemed to be confirmed with the High Court?s ruling. Practically speaking though, the result in this test case was a resounding mistake for what the ordinary person would understand as their human rights. A recent decision, Ly and Minister for Immigration and Multicultural Affairs58 supports this premise as it has almost identical circumstances and results to Teoh’s Case. By comparing the two cases on their facts, their circumstances and the application of administrative law principles, it will be shown that when exigencies such as human rights are taken 53

54 Ibid 208. See Anne Twomey's article 'Minister for Immigration and Ethnic Affairs v Tech', (1995) 23 Federal Law Review at 349. 55 Ibid at 354. 56 Toohey J (1995) 183 CLR at 301. 57 Ibid at 302. 58 (2000) AATA 339 (reported 28 April 2000), hereafter referred to as Ly's Case.

into account for proper purposes, the gain for our domestic law has no boundaries.

There was no practical strength gained for administration law by the decision in Teoh given by the High Court. Giving a convicted drug importer, not originally from this country and awaiting his immigration status when sentenced, leeway to return to his extended family to support his ill wife and children sends no message of acceptable human rights.

In fact it says the opposite, as it was his wife?s illness that created the problem for him in the first place. If a child is to have his or her rights upheld in law as per Declaration 6 of the Covenant, it would be to grow up in security, safely, with material and emotional needs satisfied. It is hard to see how a drug dependant mother, previously sentenced for her illness and with no evidence of any remedial treatment undertaken for her problems, would provide such an environment for seven little ones, all of dependant and nurturing age. It would seem that human rights means removing people from such negative and ill-influencing situations, not encouraging them to remain so interred and thus suffer further as they grow into maturity.

Ly’s case is the opposite example. Using the same administrative principles as Teoh’s Case, Chun Fong, the applicant, was found not to have breached her good character test by lying on her application documents when she originally applied for a visa to Australia. Her subsequent marriage to a man of good faith and reliance, her developing relationship with the man?s young daughter from a previous marriage, and her state of pregnancy at the time of the hearing all contributed to the assessment that her gains were not made from malicious intent.59 She had committed no offence that attracted imprisonment for over 12 months, whereas Teoh?s conduct was of a serious nature and in detriment to the wellbeing of the Australian public in general. In terms of the two cases the positions could not be more polar. Refusing her a visa on character grounds sent no sensible message to the Australian public, thus the Tribunal overturned the erroneous decision. Refusing Teoh a visa was based on his illegal and irreputable conduct, which sends a definite message to the Australian public. Yet he too was granted leniency, for the sake of his children. There are human rights considerations in both circumstances. Administration law principles were followed according to each decision-maker. The practical application of the law though, is very much open to question under such an analysis.

59 Ibid par 83.

Conclusion.

Teoh’s Case is a landmark decision in Australian administration law, using principles already firmly established in the legal sense but also incorporating the application of human rights for an important and successful outcome. However, as a practical example of how the law works it is erroneous. There are several reasons why allowing Ah Min Teoh leniency is not conducive to the advancement of the administrative decision-making principle. It certainly did not send any positive message about the future of illegal drug importers to the ordinary man. It will be interesting to see if a reversal or removal of position is undertaken in the near future by the High Court, the same court who has ratified the establishment of human rights in the field. Whichever way the law progresses, the notion that Human Rights as a fundamental element of the administrative decision-making process has been successfully established.

General Comments from the Lecturer

This essay received a CREDIT because:

1. Introduction -a little too general although argument is obvious. Work is needed on HOW the essay will be written/argue the question rather than WHA T the answer will be (this part is done quite well) 2. Body -organisational problems and unclear headings. TEOH?S CASE should have been analysed/discussed first THEN compared with other cases THEN argument re ifs and inadequacies made based on this analysis/comparison. Headings DO NOT reflect the material underneath them and really shouldn?t be used at all in an essay of this length. 3. Conclusion -OK, but doesn?t follow logically from the body of rhe essay. It does not PUT your argument clearly RA THER it says to the reader Teoh is good and bad for different reasons, without doing so very clearly, given . your previous arguments in the body of the essay.

HowtoWriteaLegalEssay

While the above answer was adequately researched, the entire thing collapsed from poor expression and a lack of logical follow through in analysis which is critical for a good mark.

Suggested reading

We borrowed heavily from the websites and books listed below to write this guide. Most of them are far more comprehensive than ours and we strongly recommend at least skimming a few of them, even if you do not find the answer for you there they may help you to develop your own style further.

Internet Resources

Books

Clancy J and Ballard C, Essay Writing for Students, 3rd ed, Longman Cheshire, 1997.

Cook C et al, Laying Down The Law, 5th ed, Butterworths, 2001.

Horrigan B, Horror?s hints: helpful hints on the theory and practice of legal research and analysis for students, academics and practitioners, Queensland University of Technology, 2000.

Krever R, Mastering Law Studies and Exam Techniques, 5th ed, Butterworths, Sydney, 2001.

Weihofen H, Legal Writing Style, West Publishing Co., 1980.

Conclusion

We hope this guide has been useful in helping you to write a legal essay. To summarise, there is no substitute to starting early, reading widely for your research and constant re-drafting. You don?t need to work like a dog constantly in order to get a good mark. Good time management will also go a long way to easing your workload and making your work appear of the highest calibre.

Don?t forget, this allows you to take breaks in order to come back to the question and attack it from a different angle. Getting a good plan early in your studies will help make the rest of your degree easier and more enjoyable.

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