12.1 High Court cases and Sections 7 and 24 of the Constitution Flashcards
What does section 7 outline?
Sets out matters related to the Senate, stating that they must be chosen by the people of the state (6 in every original state) so there is equal representation of the several States.
What does section 24 outline?
Sets out matters relating to the House of Representatives, stating that it must be composed of members directly chosen by the people of the Commonwealth
What case developed the implied freedom of political communication?
Australian Capital Television Pty Ltd v COmmonwealth (1992)
What is the relevance of the Australian Capital Television Pty Ltd v COmmonwealth (1992) Hight Court case?
- upholds a representative government
- shows how the High Court acts as interpreter and guardian
- acts as a check on Commonwealth Parliament power as they acted ultra vires
What sections are relevant to Australian Capital Television Pty Ltd v COmmonwealth (1992)?
Section 75 - The High Court was established and has jurisdiction to hear disputes arising out of the Australian Constitution or its interpretation
What did the High Court hold in Australian Capital Television Pty Ltd v COmmonwealth (1992)?
The High Court held that the legislation was invalid as it overrode the implied constitutional freedom of political communication that was essential to a representative government
What are the facts of Australian Capital Television Pty Ltd v Commonwealth (1992)?
Commonwealth parliament enacted legislation that banned all political advertising on radio and television during election periods.
Yet allowed FREE advertising to parties with members already in parliament
What as the significance of Australian Capital Television Pty Ltd v COmmonwealth (1992)?
High Court established that a representative government could only operate if there was freedom for people to communicate about political issues, otherwise, people would not be fully informed when making choices about who should be elected to government
