Statute Law and the Constitution

Question 1

parliament

Answer 1

a body of elective representatives that debates proposed legislation, passes, amends or rejects legislation and delegates legislative authority to other bodies

Question 2

two houses of parliament (bicameral)

Answer 2

• the Lower House initiates most laws

- the Upper House reviews laws

Question 3

the government

Answer 3

formed by the political party or parties which have the majority of seats in the Lower House

Question 4

the opposition

Answer 4

formed by the political party or parties which have remaining seats in the Lower House

Question 5

the queen

Answer 5

laws must be assented by the Queen. This is done through her representative in each parliament, the Governor or Governor-General

Question 6

ministers

Answer 6

members of the government who are given responsibility for particular government departments

Question 7

the cabinet

Answer 7

formed by some or all of the ministers. The cabinet decides policy, what types of laws are going to be drafted for consideration by parliament

Question 8

the shadow ministry

Answer 8

members of the opposition who monitor the policies and proceedings of the ministers

Question 9

house of representatives

Answer 9

• lower house
• 150 seats, 150 electorates
• one member is elected from each electorate
• electorates are divided up by population density

Question 10

senate

Answer 10

• upper house
• 76 senators in the senate
• 12 senators are elected from each state
• 2 senators are elected from each territory

Question 11

legislative process order

Answer 11

• initiation
• first reading
• second reading
• third reading
• the upper house
• assent

Question 12

delegate

Answer 12

give someone else a task while retaining overall responsibility for the task oneself

Question 13

delegated legislation

Answer 13

the law made by lower authorities who are given power by parliaments. Also known as subordinate legislation

Question 14

delegated legislation function

Answer 14

allows laws to be made by bodies with the necessary time and expertise, while parliament retains ultimate responsibility

Question 15

constitution

Answer 15

a set of rules that may apply to a social club, organisation or nation

Question 16

australian commonwealth constitution

Answer 16

• legal framework and rules that apply to the governance of Australia
• Australia was 6 independent colonies answerable to the British government

Question 17

division of powers

Answer 17

dividing power between the State and the Federal parliaments

Question 18

residual powers

Answer 18

→ powers outlined in the constitutions of the various states

→ provide state parliaments with the powers to make laws on any matter that affects the state

Question 19

exclusive powers

Answer 19

powers that are only granted to the Federal Parliament

Question 20

concurrent powers

Answer 20

→ powers that are shared between the Federal and state governments
→ Federal overrides the state

Question 21

separation of powers

Answer 21

power is distributed between the three arms of government, ensuring that no one group can dominate

Question 22

parliament/legislative

Answer 22

makes and amends the laws

Question 23

executive

Answer 23

puts the laws into action

Question 24

judiciary

Answer 24

make judgments about the law

Question 25

how a constitution can change

Answer 25

• bill is put in a referendum after passed by both houses of parliament
• change is approved by referendum by the majority of people in a majority of states PLUS an overall majority

Question 26

3 arms of the High Court

Answer 26

1. To protect the Constitution by ensuring the governments act within their constitutional powers
2. To exercise original jurisdiction over constitutional matters
3. To act as the final court of appeal within the Australian legal system

Question 27

constitutional interpretation

Answer 27

→ must interpret the words of the Constitution when resolving disputes
→ In High Court cases, words in the Constitution have been interpreted to include modern-day things that did not exist when the Constitution was written