australian constitution Flashcards
What are the two sources of law?
statute law: made by governments
common law: made by judges
What is a constitution?
A set of rules that specify the powers, responsibilities and roles of the governing bodies within a state or country.
Explain the division of powers.
Exclusive powers: laws made by commonwealth parliaments.
Concurrent powers: laws made by both commonwealth and state parliaments. Cth law always overrides state law here if they conflict.
Residual powers: only state parliaments.
Explain the separation of powers.
The aim of the separation of powers is to keep seperate the powers of making, implementing and interpreting the law and uphold the rule of law by ensuring no body of government is too powerful.
Legislative power: the making of law by commonwealth and state parliaments.
Executive power: the implementing of law (there is some overlap with the legislative power).
Judicial power: upholding of the law by judges.
What is the high court’s role in the constitution?
The high court is the guardian of the constitution and resolves any disputes that arise from the interpretation of the constitution.
