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The courts generally prefer to take a minimalist approach to resolve planning disputes.” Do you agree? Give reasons for your answer.

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The list of available essay questions is provided below. The word limit for the researchassignment is 900 words. This assessment item is worth 40% of the marks.This assessment item work is a research essay that will require individual research and analysis.The relevant marking criteria are:Content: Main issues covered in appropriate depth; effective use of recommended furtherreading and research materials; persuasive arguments appropriately supported; orderly andlogical progression through content (35 marks).Structure: Introduction; conclusions; appropriate use of paragraphs, headings and sub-...

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The list of available essay questions is provided below. The word limit for the researchassignment is 900 words. This assessment item is worth 40% of the marks.This assessment item work is a research essay that will require individual research and analysis.The relevant marking criteria are:Content: Main issues covered in appropriate depth; effective use of recommended furtherreading and research materials; persuasive arguments appropriately supported; orderly andlogical progression through content (35 marks).Structure: Introduction; conclusions; appropriate use of paragraphs, headings and sub-headingsetc; orderly and logical progression through content (2 marks).Grammar, expression and appropriate referencing: Use of plain and clear language;grammar (spelling and sentence structure); appropriate referencing style; footnotes or endnotes;bibliography. (3 marks)Please refer to the Course Profile for further information and policies relating to this course.Please read the requirements for Academic Integrity particularly carefully a students havebeen heavily penalised for breaches of these requirements in the past.if the question asks whether or not you agree with the statement indicate in your introductionwhich way you will be arguing - don't leave me guessing.[PE2]Very briefly foreshadow your key points in your introduction.[PE3]Use sub-headings to really highlight what your key points are and where we are at in theessay - it helps keep me on my toes.[PE4]Support your key argument with fantastic evidence (a bit like mine!) if you are notcomfortable using footnotes i accept endnotes but please INDICATE a specific page number ifyou are referring to specific information. [PE5]Use wrap up statements like this to reinforce your key points and show me what a great,consistent and powerful argument you have.[PE6]Make sure you include an introduction and a conclusion (I prefer separate headings forthese). Don't introduce new information in your conclusion, this is just a recap to remind me howbrilliant your essay was.[PE7]The marking criteria requires you to include a bibliography. For other guidance onreferencing statutes and case law copy the referencing style in the Study guide or extracts frommy book (where in text referencing is used). Most importantly keep a consistent style across yourreferencing system.Some general feedback and hints for essay

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1. IntroductionThis essay is to argue in favor of the statement that “The courts generally prefer to take aminimalist approach to resolving planning disputes.” The most commonly used resolution is theAlternate Dispute Resolution and the Interpretation theory of the minimalistic approach by thecourt in order to provide a very quick and instant approach and solution. In majority of the cases,the court might encourage the parties for heading towards the agreement without any courthearing https://www.courts.qld.gov.au/courts/land-court/resolving-disputes-without-a-hearing/alternative-dispute-resolution .  In order to elaborate in much more in detail about thereason behind favoring the notion that the court usually prefer minimalist approach in order toresolve the planning disputes we would be discussing on the given following points in details-? Saves time? Saves legal cost? Peace of mind? Maintains confidentiality

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? Allows full control? Negotiation on agreed terms? Saves cost of the partiesIn order to understand better we need to have a clear viewpoint on all the major criteria.

2. Minimalistic Theory:-It is known that Minimalistic Theory is nothing to do with the constitutional framework rather itis more inclined towards the judging framework. It is basically a prescription which helps ininterpreting the cases related to the constitution in order to reduce or minimize the footprints ofthe judiciary. It has been believed that the judiciary doesn’t want to invest a lot of their time inthe controversies which has lots of and extensive theories involved and which require a deep andtheoretical jump into the case from the side of the Judiciary.It has been believed that Minimalistic approach avoids social conflicts and rather work towardsforming a situation which is less in the context of involving extensive theory and caseknowledge. It is said that Minimalistic approach is more about the intuitions and not about thedepth analysis of the case and to go piece by piece in the facts. It was believed that, for anyminimalist charter, if it seem to be attainable, therefore needs that for such a charter the Courtmight empower the Parliament members to get involved with dialogue through all the ordinarymeans of legislation Rosalind D, (2009).

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