Highest Law

Pillar 1: Constitutional Arrangements

Media description: Darryl Kerrigan fights for the right to keep his lawfully owned property in The Castle (Village Roadshow Entertainment, 1997).

MEDIA CONTEXT
The Castle (Village Roadshow Entertainment, 1997) is a hilarious, heart-warming story about a Melbourne man’s fight for justice. The government authority Air Link is expanding the airport and compulsorily acquiring the properties around it to do so, including the Kerrigan’s. Darryl Kerrigan (Michael Caton) reckons “you just can’t” force a family out of their home and embarks upon an arduous legal battle to prove it. It seems all is truly lost when Kerrigan’s inexperienced lawyer Dennis Denuto (Tiriel Mora) fumbles in Federal Court; but retired Q.C. Lawrence Hammil (Charles 'Bud' Tingwell) steps in by making an appeal to the High Court of Australia. Basing his arguments on the highest law of the country, The Australian Constitution, the Kerrigan’s home is saved.

MEDIA CRITIQUE
An initial viewing of The Castle leaves the audience feeling they’ve seen a clever comedy playing up the stereotype of ‘lower-class’ Melbournians. But this is a classic tale of David versus Goliath. The story line brilliantly interweaves bureaucracy and law, an education on the various levels of courts and good family values with comedy. Do the writers go overboard with the stereotypes? Would it appear offensive to some viewers? Is the use of obscenities by the character Darryl Kerrigan necessary to cast a realistic image?

ANALYSIS & REVIEW

1. Darryl Kerrigan went through several legal avenues to appeal the compulsory acquisition of his property. Identify the different levels of Australian courts and discuss the difference between them.
2. Although Kerrigan lost his case in the Federal Court, he was still able to make an appeal in the High Court using the highest law in Australia – the Constitution. Discuss the relationship between the High Court of Australia and the Constitution.
3. What constitutional right does one have to question a decision/rule made by authorities (schools, government or otherwise)?
4. In what way did the writers of the Constitution protect the rights of Australian citizens now, when they could not have envisioned the immense changes in circumstance to the country since Federation?

THE AUSTRALIAN CONSTITUTION & AUSTRALIA TODAY
The highest law of the country, the Australian Constitution, does not detail every instance of the law specifically; but its wording allows for interpretation of the law in some cases. The character Lawrence Hammil in The Castle quoted from a section of The Constitution almost verbatim and interpreted the phrase “on just terms”. What other sections allow for interpretation that could impact on a current issue?

PERSONAL APPLICATION
Read the Commonwealth of Australia Constitution Act (The Constitution). Discuss the meaning of each section with friends, family or teachers and apply them to you today.

AUSCIVICS FILM & TV SERIES LINKED TO SCHOOL CURRICULUM
Learning areas and/or outcomes relating to the questions and issues above have been identified for each state and territory in the following links:*