The Underage Lawyer Celebration - printable release!

As promised I am celebrating my second year anniversary with the studyblr community by releasing my first set of printables. Theseprintables are available here  or in the link below. I will be posting them onto Tumblr as well sometime this week.

Assignment(s) Progress Tracker.

The printable is essentially a progress tracker. Just fill in your question, due date and description to begin. It should be used at the beginning of the semester. You should use this sheet to track all the projects, tasks, jobs, and exams that you have due.

I’ve included a progress management tool on the right side. To use this tool break your project up into twelve components or less. Then every time you finish a component color in a square.

By using this tracker, you can be sure you’ll never forget an assignment or fall behind again!

Essay and written assignment planner

This planner is ideal for written pieces of work. It takes you through the critical steps of setting up and argument. By breaking down the argument and research onto this thought diagram, you can make sure you won’t miss those essential steps that are preventing you from achieving high grades.

We begin by writing a synopsis. This fundamental step will guarantee that you fully understand what you are meant to do. Secondly, the printable asks you to examine your course outline and rubric. 

These steps will make sure that you’re not writing something that your teacher doesn’t want to read.

A targeted piece of writing that fits what the examiner wants to see will always fair better than a random piece of writing that doesn’t quite suit the course’s intention.

From there we move onto examining the question – but don’t get too keen too fast! Break your chosen statement down into ‘operative terms.’ Operative words are the key features of the statement. These keys words are what the entire argument will hinge on.

Example:

To what extent did English law affect Australian Law during the 1850s?

In this example the operative words would be;

[Extent] -Shows you need to show a ‘degree’ of application, e.g., mostly, likely, partially, not at all or completely.

[English Law] – Shows a critical condition for your answer.

[Australian Law] – Shows an essential condition for your answer.

[the 1850s] – Shows a key restriction and consideration for your answer.   

The next questions look at what research and what theory you will need to apply. 

You may choose to do these together depending on the subject that you’re studying.

For subjects like law or English theories may be irrelevant but you may like to supplement principles for authors, directors, artists, etc.

The general idea of these sections is to identify what is most critical to your section. Knowing what, who and why of the most important ideas in your field will help to narrow your research.

After this follows the section on your points.

Feel free to download the printables and include more or less points in your piece. This section is designed to be flexible and fit your needs. To get the most out of it, I’d recommend writing a topic sentence out in full. Then follow the topic sentence with dot points that flesh out your argument.

In between each box write a ‘linking’ statement that reveals how you plan to build your argument with the next paragraph. This will strengthen your writing and help the reader to follow any argument.

A study-day planner

Following that printable, I have designed a printable that is useful for using when preparing for a day out studying. A lot of the time when preparing to travel somewhere to study you may be anxious to make sure that it is a productive day.

This printable includes:

    A checklist for things to bring

    A checklist of things to check before you choose your study destination

    A session planner questionnaire

I included the questionnaire because to have a productive day you must have clear goals. Simply telling yourself to ‘finish everything’ is not structured enough. It is far better to spend twenty minutes considering which tasks you will do first and how long they will take you than ad hoc drawing things from a pile of work.

When estimating how long something will take you to complete; a rule of thumb is to estimate how long it will take you to finish and then double it. That will usually be enough time to help you complete the work. It also gives you wiggle room in your schedule to take breaks and deal with any mishaps along the way.

There are many ways to order your tasks; some suggest putting the hardest first, and others suggest setting smaller tasks to build the sense of achievement.

Personally, I promote using easier types of tasks first then focusing on harder ones. You should never use checking emails as a starting task, but some small task like:

-    Edit paragraph [a]

-    Download next lecture

-    Complete reading set [1]

They are all simple tasks that will help you get into the productive swing. Setting long tasks such as ‘research issue [x]’ can take you off track. When beginning any study session make sure that you are focused and clear on your end goal.

If you are planning to study for a long time, you may want to pencil in ‘checkpoints.’ These are preplanned breaks where you will review where you are on your to-do list. These can be useful as they can allow you to access whether you’ve set yourself too much or too little. It is also crucial to give yourself multiple breaks when studying for a long period.

Lectures and tutorials...

The final two printables are a double set. The first is a plan for making tutorial notes. By using this planner, you will structure the information received in a tutorial in such a way that you can isolate different parts of relevant information.

I have also designed it so that it is simple to use and won’t be distracting you from actually participating and listening in the tutorial. I usually run off ten of these sheets at a time and keep them in a folder. This makes it easier when it comes to exam time too because I don’t have to flick through my entire notebook to find just one week.

The second plan is for your lectures. This is an overall structure of a page that your notes could look like. It is my spin on the popular ‘cornel method.’ If you have enjoyed that style of notes, I’d recommend trying my printable. I’ve added in an extra section for a keyword tagline and questions. These are important because when you return for later revision or as a reminder to yourself about the lecture you have key words to fall back on.

Having the question section takes away the anxiety of having to ask a question at the end of a lecture. Instead, you can write it down when you think of it and email your lecturer or tutor after class. No more end of class stress!

I hope all of these help your studies, and if they help you, please let me know or tag me under #theunderagelawyer!

Link to download

Why I chose to become the underaged lawyer

Oh my goodness look! I can post gifs on here!

My blog title often amuses the many people I meet. They associate being underaged with youth and innocence. I too do not separate these qualities from youth. Childhood and young adulthood feature the growth of curiosity

I believe one of the many characteristics of today’s children is that they suffer no fools. Many children state it out how they see it – I’m sure you’ve all heard ‘that’s dumb.’ Or ‘Why not just tell them no?’. The simplicity of youth is something I wish never to forget as a lawyer. 

Also, I chose underaged because being underage means that the law of the world cannot restrain me. No, I don’t mean unconstrained in the strict sense of law. I mean unconstrained in that the formalities of the world seem as flexible as a piece of string.

 If I don’t agree with it – why not say it? If there is a war- why not tell them to stop fighting?

 The older an individual gets, the more constrained they appear by the realities of the world in which they live.

Just because a lawyer's work isn't fun
doesn't mean I cant have a flower to make it better!

The role of a lawyer is always to dodge these realities. I see no human rights lawyer that looks at the world and thinks ‘well that’s the way it is, and that is the way it always will be’. I like to think of lawyers like a relay team. We all acknowledge that it should be one way and set about in a relay race to make it happen. Think back to the history of law – how did it develop? Because one day one person said hey – we should have a way to fix things when they were unfair!

And it took a long, long time to get close to what we have today – and even now there are still issues – yet we started as a group on a venture that appeared impossible. The judges that started the law were effectively holding onto the spirit of youth. An undaunted challenge to the future to improve things in the way that they morally should be. 

It is impossible to propose that a happy young person would not aim for a better tomorrow but it is not unprecedented that the contented mature person will merely seek to keep the peace for the present. I am now studying law and global policy, and often I find myself pulling back on proposing theories of change merely because I see troubles with current political sensitivities. However, I have determined to stop holding back. Present day sensitivities should be mere passing thoughts to proposals for future benefit. 

It is a selfish proposition that any change must occur within my lifespan. Rather I must consider myself a simple member of a relay team for a change. If I wish to see the globe operating with a democratic government, I must prepare myself to see turmoil and for the future youth of the world to see the success. 

Although Lord Denning never let go of that
underaged mindset - question all assumptions!

It is only in the mind frame of someone who is free from the constraints of the academic and political world that propositions for change can occur. It is undoubted that in present times they must be altered to minimize the conflicts which are faced, but they should never be modified during the future to cater to the conflicts of the present.

It is common knowledge that wars end. Whether the political sensitivities remain are purely up to the generation of today. I can see that as our world become interconnected and we suddenly have friends in every country across the globe political conflicts cannot remain. What person would hold a grudge against the country in which their beloved aunt lives? Or where a favourite actor spends the majority of their time? Our current views of states and borders are rendered irrelevant by transnational communications leading to the only conclusion – we must ignore the realities of today to develop a functional future.

I am currently writing an essay about creating a global government. I will admit that I have been torturing myself by attempting iron out exactly how differing cultures and ideologies could mix until I realized that was simply my perspective. 

I may view some cultures as roadblocks to change – but I do not see their population as road blocks. As communication and personal expression take the reins of country control so must these ideological setbacks fall away. Young people of today have seen the devastation of war and the crippling effects of food shortage, of racism, land loss and the importance of human dignity. 

Each of them represents a generation that has never considered a postcode or border when communicating with someone else. The conflict of the future will not lie with countries, and it is critical that as lawyers, businessmen and people of the world, we make plans to deal with a generation that does not understand there is a separation between countries. 

Is it sad to admit I've never actually used a
post code except in online forms?

After all, for my generation, where is the separation? I can see my friends in Italy, follow my auntie in England and enjoy the acting ventures of Benedict Cumberbatch all from one place. I have no understanding of the borders between countries – I’ll admit it took me time to understand why we had to draw lines. Yes, there is a great conflict in many countries, and not all people will view others in equal stead to themselves. But I propose the vast majority do and as time goes by the majority can reach out to the minority to develop the ability for the world to grow as a single community free from conflict and turmoil in order work entirely for the global benefit of all members.

 As overly confident as the proposition may appear I’d like to invite you to consider what it means to be a young person today. Think about having no understanding of having to wait to communicate; there ’s no need for physical contact in a fight – most ‘brawls’ between youth happens online. It’s purely verbal. In the future, the value of physical contest will not compare to the value of the written word. Global governance will become our centerpiece for the new war – taking form in the diplomatic art of discussion.

And since we're at the end of the post we can talk about fun things ^^^
meet my plant family; marcus the chilli and george the italian basil.

The major flaw in a young legal mind

This piece is available in audio form - can you believe it!? 

Listen here!

Recently I found myself questioning what it is that I love about law. For years, I've boldly claimed that I love everything about it, the good sides, the boring sides, the dull sides, the corrupt sides and the mind-blowingly complex sides.

However, I've discovered that I don't.

Don't get me wrong, I'm still in love with the law, I'm just coming to realise I don't love it all. Some may claim that this is the natural reaction of maturity. A realisation that law is as diverse as it is complex. No one area can be called the same for each were created to deal with a different issue.

Each field has its appeal much like various types of burgers. Vegetarian burgers offer healthy choices, but meat always seems more satisfying. Just like property law provides clear legal intrigue – but we all know human rights law holds the complexity that can only be described as the way your mouth waters when you see the juice run off a steak.

Some parts of law seem to sizzle with excitement and something in my brain can't help but choose it over other options. What's interesting is that I have never before considered I would choose one area over another.

And why not choose property law?

Who can deny the thrill of sending a caveat request or delving deep into native title to discover a real and continuous connection to the land?

What is not to love about intense contractual negotiation? Surely there is no lawyer that can't feel that warm-belly satisfaction of having both the best deal and a happy client. It's a rare combination but the drive to achieve it lives in the heart of every property lawyer.

So then why do lawyers find themselves not enjoying it – or any other branch of law?

I could give hundreds of analogies for where the enjoyment and deep-set love for each branch and denomination of law come from but it wouldn't explain what I mean.

It is not merely a branch of law I have questioned my love for, it is the traditional study of it.

In some senses, the study of law is not the law itself. The study of law often misses the raw truth about the foundations of our society.

For the study of it misses the fact that the law is merely concrete.

I am speaking in metaphor, where concrete refers to the dark grey, rough-edged and unattractive foundations upon which a house is built. The house is society and it is because of concrete that it can stand firm. Just like the law the concrete we know remains partly unfinished because there's always a chance of extending the house; somewhat unsightly, because there's no way to ever completely make it polished and mostly it does not carry the flourish and beauty of the house above it.

A builder, as a lawyer, will see the beauty in concrete – but I am beginning to question if the study of law can create people that appreciate such imperfection. Too often I have been taught to ask why there is a hole in the law.

Should it not be assumed that if there is such issue, it is open to interpretation? Do I honestly need another academic to tell me this?

As a young student of the law, I'd like to propose that the study of law is failing to build the legal mind. The legal mind must learn that law is not a solid block of polished marble which is the feature of a house. Rather it is the unpolished and unfinished block of concrete that holds up the house.

So what is it that I have fallen out of love with?

Arguably it is not a side of the law. Perhaps it is more a theology of law – I wish more academics openly embraced the imperfection and omissions of law. If we had such comprehensive documents not only would governments become overwrought with predicting, protecting and presuming but courts would lose their flexibility.

Is it not the beauty of the common law system, that it advocates for adaptability? Is not a national pride that our judges have an acute awareness of the need for interpretation when providing modern justice.

Is it not obvious that this openness to interpretation has provided justice in times of hopelessness. While easily overridden, statutes should not be a comprehensive source of law, rather they are a mere crutch upon which the courts rest interpretation.

I am no legal theologian but the more I study independently and work with professionals it dawns me that I have held the law to be perfectly created. Studies of law propose old law is overwritten with new law. But the truth is, there is no such thing as new law. Instead we merely refine and add to an old, imperfect foundation.

Students and lawyers all must realize the aim for perfection is not futile in law, but perfection in law will not come from what is recorded. Rather each lawyer must act as the mouth piece through which justified interpretation can occur. I have fallen out of love with calling law perfect – rather, it is imperfectly providing the lectern from which lawyers provide justice.

Lulu Hensman

The ultimate senior school/high school guide

Study Tips

a) Online Stuff

If you're a bit nervous about online things, then there are three websites you should try. They were essential to me getting through senior school. - Please do yourself a favor and just try them out.

Facebook

We've spoken a bit about this before, but I thought I'd explain to you how most senior students communicate and why it's best to build a Facebook profile before you start your senior years.

In my final year, we had a year 12 Facebook group, and it was how the girls set up planning meetings, practices, and organized parties. It was the easiest way for other members of my year group who I might not see every day let me know that I had to bring in something or lead a part of a meeting.

Even if you only go on it for school purposes and have minimal information about you, it's a good way to keep yourself in contact. Also, if you're ever unsure about what the homework is or need to get someone's notes, it's the fastest method to ask around the class.

Tumblr

Tumblr is different to Facebook. It is completely anonymous, so there is no need to put up a picture or name that's connected to you. The reason I'm suggesting it is because I learned a lot of valuable information from the stubyblr community.

#studyblr on tumblr screenshot

On Tumblr, everything is organized through hashtags '#'. Under the hashtag '#study', '#studyblr' or#studyspo you can find a wealth of information about websites and techniques that can help you to complete your studies.

On the image, you can see the end of a study post where the poster is giving tips on how to give a good presentation in front of the class. There's also a post where another member is showing the homework they've completed. I found this motivating especially when I felt that I was the only person in the world studying, or just wanted a reminder that my hard work would be worth it.

Screenshot of Kahn Academy homepage

Kahn Academy

Through this website, you can sign up with Facebook or manually through a form. It's an online site which stores educational quizzes, games, and videos. It has interactive and non-interactive components that allow you to learn from other teachers/experts without having to go and ask for help from your school.

The materials on this site can also teach you different methods that your school might not teach you. Various methods can be useful if you're struggling to reach the same answers as the other students.

You can see in the image all the classes I'm currently doing. You can log in and see all the classes that are available. I enjoyed the crash course history – but there are hundreds of courses and videos to try!

b) Homework

The senior school won't have as much homework as you're expecting. Unlike middle school, senior school teachers aren't interested in checking off a list of homework completed and uncompleted.

However, it's crucial that you do keep up with your assigned tasks. These tasks are paramount to building an understanding of what's going on in class and broadening your knowledge.

In senior school there are a lot of things that your teacher won't talk about in class – however knowing about those little extra bits of information can help to enhance your grades from a 'b' to an 'a.'

Tips (a quick list!)

• Listen to instrumental music not lyrical. Otherwise, you'll get distracted
• Write a list of /everything/ you want to get done, not just what you'd have to get done from school
• Designate a study area and set it up with everything you might need
• Skim read the related textbook chapter. Often the teachers will use the end of chapter questions in your tests- because no one ever reads them
• Set a study time and a nonstudy time – be hesitant to break these times, because it's vital for your ability to balance work and study
• Develop an opinion on everything that you do. Not only will this develop your communications skills but it will ensure that you look at every aspect of the subject to develop a proper opinion.
• Don't ignore any comments that teachers make. Keep a notepad or word doc up in class and write down anything that is important. For example; 'students pay attention to this' – indicates that it may be an important topic that features in the test

c) When you struggle with class

When you struggle in class, it's important that you don't give up. Unfortunately, teachers may not always realize that you're struggling or having trouble.

Instead, you might have to take charge. To do so figure out;

> is it because you're not understanding the teaching methods used?<

Sometimes a particular teacher or method just doesn't want to stick in your brain. And that's fine there are plenty of other ways to learn a load of information.

1. Put the information on to flash cards
2. Write the information into an article (like you can see on my blog)
3. Talk about the information with friends or family
4. Look for a video on related information
5. Talk to a head of the department or other teachers that you trust
6. Arrange for an out school meeting
7. Find an older student to give some notes or tutor you
8. Ask a parent or family member

Telling people that you're having trouble may seem a bit scary, but it's vitally important that you're upfront about how your learning is going. In the senior years and university, you're completely in charge of what happens in your academic career. So now is the time to learn how to call in for help when you need it.

> Is it because you don't have an interest in the subject?<

Unfortunately some classes are a trudge – but I stand firmly by the fact that there is value in every class! If you're bored of your class try doing on of the following;

1. Find real world applications for it
2. Find a news story about it
3. Draw a poster about it using all your favorite colors, actors and stationary
4. Find someone inspirational in that field
5. Figure out how you could use it in your future career

credits to tumblr daydesigner

e) Balancing

a) When it feels like too much

Lots of times in senior school I felt like I was facing a huge workload and then an enormous expectation from friends and family. It can feel like an epic amount of pressure.

However this is going to happen to everyone – don't stress! There are lots of ways to get through it!

credits to tumblr daydesigner

If you go onto Tumblr and search 'printables' you'll find lots of gorgeous looking sheets for putting in planners, writing lists or managing your time. I've taken a few screenshots of something I thought you might like – if you want them just go onto Tumblr and have a look – or you can find others of google images but be careful because they're not always available to download.

ai) Time management

A lot of people will tell you lots of ways to manage your time. Unfortunately, this can prove more distracting than beneficial.

Try the techniques that make the most sense to you but don't feel like you have to stick to them religiously! I've included a few websites that have helped me improve my time management but remember to do what works for you.

In the end, the best technique is routine and habit.

http://www.studygs.net/shared/mgmnt.htm

http://etudiance.tumblr.com/post/132244104798/the-pomodoro-method-is-so-important-and-i-feel

http://studyign.com/post/125463345667/soooooo-school-is-starting-in-about-a-month-for-me

f) Friends vs. School

In senior school social groups will change – sometimes considerably. You might feel the need to spend lots and lots of time with your friends to keep you little group together.

nothing like a meal with good friends!

Don't stress about keeping them close, yes they are your great friends, and you do have awesome memories with them but try to keep things in perspective. There are a hundred and a bit people in your year. That's plenty of people to connect to. If it ever feels like you're sacrificing part of your schooling to keep up a relationship with someone that isn't that interested in you – then drop it!

At the end of the day, you're not going to lose a friendship overnight, but you can fall behind quickly. Don't forget to spend time with others but please don't obsess over losing one friend or another. People will come and go the only thing that you can do is be friendly and welcoming.

Be yourself too – it was hard for me to get used to the idea of just being myself but at the end of the day I had to find friends that accepted that I could be sarcastic, obsessed with law and a massive Justin Bieber fan. It took time, but I did find people that loved that about me, and I know that you'll find people who like you for who you are too.

Lulu Hensman  

Three simple ways to remove that 'me' mindset

Three simple ways to remove that 'me' mindset.

I had nothing to study!

Currently, I'm on break from school and university. It's a little strange for me – I have nothing I need to study or do. Being that I'm also away from home, working is impractical.

So it's weird.

What is weirder, however, is that I've become strangely attached to doing something. I've never been the person that wakes up at five in the morning to furiously type out a piece of work or send something to a professor. But there is a habit of mine to be constantly panicking.

During school there was always work I /could/ be doing and at university, there was work I should be doing and in the holidays. However I'm now in that awkward transitional phase where you could be doing work – but then it might not be that useful in the long run.

So what have I been doing? Essentially, fretting about doing nothing - and it made me wonder why I was so scared of falling behind. If I started university without doing any prep work would I spend three years of my life playing catch up?

The logical answer is most definitely not. I'm sure we all know – the brain doesn't listen to logic. I listed out things that could be causing me to feel so anxious.

I ended up with things like:

My professors will think I am lazy

I will have less time to spend with peers

I may not be as competitive in class

I found that each of my worries occurred when I compared myself to other people. In the competitive business environment these incessant comparisons are bound to happen, but why is it that they occur even when there are no comparisons to be made?

As of now I have not met my cohort, my professors or my future employers – yet I panic as if they can already see my test scores. This realization led me to try three techniques for removing that over-competitive nature – which I thought I should share;

1. Compliment your biggest competitors

Handwritten notes can go a long way

Nice comments make people (yourself included) feel better about themselves. So by praising the people that you feel you have to compete with you take away from that 'me' mentality and begin to view your competitors as part of a team. The team you're a part of is one that is working towards self-improvement and if you all have a selfish ideal it's not going to work. Instead, make sure that you occasionally stop and check in with your rivals to ensure they're still on track too.

Often when we're working towards a goal, we become so wrapped up in the idea of achievement and 'winning' that we lose sight of those around us. I'm sure we're all guilty of becoming so lost in our needs that we offend a friend or acquaintance. So to short circuit that tendency to become wrapped up in your thoughts and needs you need to compliment someone that you feel you have to beat.

Don't make it an arbitrary compliment either. What we often miss is that those we feel most competitive with are those that we admire. Before you speak with them, think about why you feel the need to compete with them.

Is it because they have incredible determination, their organization skills far outshine yours or that they can retain composure throughout the biggest of crises?

2. Identify what you feel your biggest weakness is and work on it

I say what /you/ feel your greatest weakness is because sometimes your weakness is not what others perceive it as being but it still causes you great insecurity.

This in the grays inn library stairs (which I tried to get
in...unfortunately you need membership, whoops!)

For example, you may feel that you need to improve your vocabulary, but others think you are very well read. Does that mean that you shouldn't improve your vocabulary?

Short answer; no.

If you honestly feel uncomfortable with your skill level, it can amplify your reactions to situations. Personally, during the time that I have had no looming deadlines I've worked on developing my arithmetic abilities.

You would assume after studying commercial law I'd feel confident in my abilities to calculate costs and percentages, yet I still perceive it as my biggest weakness. Websites like kahnacademy.org have been invaluable in helping me to consolidate my skills.

Kahn academy is a free site that provides video tutorials and games for any individual wishing to increase their skills in a broad array of subjects such as Math, Science, Grammar or History. If you're hoping to increase your knowledge or consolidate skills in an academic area, this is an invaluable tool for you to have at your side.

3. Find somewhere to enjoy yourself

Hipster cafes are the best places to relax

Whether you're like me in that awkward no-work transitional phase, or you're working full time finding your happy place is the most important technique you could employ. Overseas I've been enjoying exploring the city and finding unique cafes to study in.

So far I've discovered that the usual chain restaurants such as EAT. Pret a Manger or Starbucks aren't always the best places to study The well-known name and standard menu can be comforting when far from home – but the amount of people trawling in and out of the store is just distracting.

Instead, look for cafes that are one-off, independent shops. The stores I enjoy play music at a low volume and have decent non-fluorescent lighting.

Those who have read my earlier blog posts will know that I have a strange love of hipster cafes – and I make no apologies – I still do. In larger cities such as London and Singapore, they are harder to find. But an hour or so searching Google can lead you to some great finds.

maybe skip the park on days like this...

If coffee shops aren't your thing you can, also try a park. Parks are fantastic opportunities for getting some vitamin D and doing a little bit of light reading. Currently, I'm reading Is it just me? By comedian Miranda Hart. It's a refreshingly honest novel full of hilarious stories and written in a unique conversational form between the author and the reader. Miranda occasionally will converse with her eighteen-year-old self as she explains not only what her life is like now but how she has slowly come to accept herself as she is.

If you're not one for peace and quiet, I can wholeheartedly recommend checking out a few local volunteer spots. If you volunteer at a festival, pet shelter or kitchen can contribute to lifting your spirits and help you to realign your goals with something more community orientated. - Lawyers may be interested in volunteering with their legal skills at a legal service. Pro bono work can be extremely rewarding and for young lawyers, it can also provide an opportunity to extend your knowledge base and add to your resume.

Although these ideas don't override a competitive nature, entirely they still help to keep things in balance. An overly competitive person can be damaging to their studies and those around them. While a little competition can increase productivity and satisfaction too much will leave you feeling run down and exhausted.

Always remember to find some time to relax when you feel like you've taken on more than you can handle.

Lulu Hensman

Is the Australian compulsory-vote discriminative against protestants?

You know I love coffee shops right?

They’re great, especially for studying. I have written about why they are one of the biggest study aids in one of my previous posts ‘is this the study tool you’ve been looking for?’

They’re filled with great studying rewards and focus-encouraging atmospheres….except when you overhear a conversation that you’re desperate to join in on. Recently I was in a similar situation when I noticed a man loudly proclaiming that he didn’t have to vote under section 116 of the Australian Constitution because he was a Protestant.

A Protestant is a denomination of the Western Christian Churches that follow the principles of the Reformation. They are a very traditional Christian religion that encourages its followers to adhere to some rules of life as founded within The Holy Bible. – However, please know that voting for a minister of governance in your country of residence is not against the tenants of The Holy Bible.

For those who aren’t from Australia, voting is compulsory for all registered residents over the age of eighteen. Not to vote is a criminal offence in Australia which can result in a $20 fine or prosecution in court which will increase the fine up to $170 plus court costs.

Additionally Australia is a country that bases itself on democracy, failure to vote means that you are not participating in a critical element of our country. But, if something is against constitutional law it is held to be supreme because the Australian Constitution is the creative document of our country (even though it’s an act of British Parliament.) That’s why I thought it would be a great idea to examine how and why this man thought he didn’t have to vote under section 116.

-          A brief history of the Australian Constitution 

In 1901, the Australian Constitution was given Royal Assent. Royal Assent is the title of the process that gives laws of a constitutional monarchy legal effect. Because Australia did not exist before the Constitution was enacted the constitution had to be submitted to the British Parliament for approval.

The desire to federate was led by two men, Samuel Griffith and Henry Parkes. Griffith and Parkes were the forerunners of Federation and participated in all of the conventions around Australia. The two most important meetings that achieved 

Federation were in Melbourne and Sydney.  First, in 1890 at the Melbourne conference where they made the unanimous decision to federate. Then at Sydney in 1891 where they chose to follow the American system of government and drafted the constitution. Notable figures at this convention included Alfred Deakin, the second Prime Minister of Australia and Inglis  Clark a barrister and judge who was the principal author of the Australian Constitution.

-          What is section 116 about?

Section 116 (the clause of the constitution that the guy was talking about) refers to the exclusion of power of the Commonwealth to make laws about any religion or religious activity. It has a very limited jurisdiction as a consequence of two landmark cases, Kruger v Commonwealth and Adelaide Co of Jehovah’s Witnesses Inc v Commonwealth.

Its exact words are:

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 116Commonwealth not to legislate in respect of religion                   The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

-          What was the loophole in section 116?

The guy was claiming that there was a ginormous gap in this article that allows him to escape voting. His claim was that forcing him to vote under section 116 was prohibiting the exercise of his religion. Before you all jump on board and claim to be protestant to get out of voting, I suggest that you all realise this is a very, very risky idea. It is highly unlikely that this section has such jurisdiction over voting.

First you would have to prove how is voting prohibiting the exercise of his religion.

According to him voting made him part of a political party and hence was against the beliefs of his religion. A little confusing for sure, but basically he was saying that following a political party was like worshipping an idol. This is against The Holy Bible.

-          How 116 has limited jurisdiction

This section of the Australian Constitution is probably most infamous for its role in the stolen generation. In Kruger v Commonwealth, the question was put before the court whether there could be laws made to take Aboriginal children from their families and put them with white households. They presented that the intent of section 116 was to allow the exercise of freedom of religion. Basically, they argued that the Aboriginal religion (the dreamtime) was being discriminated against by the laws of the Commonwealth.

Logically taking the children from a particular religious group and forcing them to be raised in different homes would appear to be genocide. However, the judges of the case determined (in summary) that the act was merely applied to the making of the law and not the application or administration of it. This horror verdict has managed to limit the application of this section. It was limited so severely that the man loudly proclaiming his right not to vote on account of his religion is probably going to be staring down a nasty fine in the not so distant future.

Adelaide Co of Jehovah’s Witnesses Inc v Commonwealth further limited the authority of the clause. The lesser known case was about whether the Commonwealth could impose laws that were directly prejudiced against a single group. This had a similar decision to Krygger v Williams and both cases determined that a prejudiced law was not a contravention of section 116 if made for the purpose of the efficient defence of the commonwealth. Clearly, this case does not apply to the man in the coffee shop for Australia has never prosecuted Protestants directly under the law.

I’m not quite sure where the non-compulsory voting for Protestants arose from, but it was a good exercise in analysis of Constitutional law. I sure hope that anyone reading doesn’t try to get out of voting under this section of the Australian Constitution. It’s definitely not a loophole.

The Underage Lawyer