Australian Constitutional Sections Flashcards
(27 cards)
Section 1
Establishes a bicameral Parliament (House of Representatives and Senate)
Section 2
A Governor-General appointed by the Queen shall be Her Majesty’s representative.
Section 7
The Senate must be directly chosen by the people.
- No less than 6 per original state
- 6-year term
Section 24
The House of Representatives must be directly chosen by the people.
- “Twice the number of Senators” (Nexus Clause)
- At least 5 members per state
Section 28
The Governor-General has the power to dissolve the House of Representatives before the three-year term expires (Reserve power).
Section 32
Issuing writs for an election.
Section 51
Lists the legislative powers of the Commonwealth (trade, taxation, foreign affairs, immigration, marriage etc.)
Section 52
Exclusive powers of the Commonwealth (defence and customs)
Section 53
The Senate cannot initiate or amend money bills.
Section 57
A bill rejected twice by the Senate may trigger a double dissolution, after which the Governor-General can call a joint sitting of both houses to resolve the deadlock by majority vote.
Section 58
When a law passed by both Houses is presented for assent, the Governor-General declares it according to his discretion, but subject to the Constitution.
Section 61
Executive power is vested in the Queen, exercised by the Governor-General.
Section 62
Establishes the Federal Executive Council (advises the GG) and the GG chooses the Federal Executive Council.
Section 63
The GG must act on advice of the Federal Executive Council.
Section 64
The Governor General appoints and dismisses Ministers (PM does conventionally) and Ministers must be members of Parliament.
Section 68
The Governor-General is the Commander-in-Chief of the military.
Section 71
Judicial power is vested in the High Court of Australia (Establishes the HC and gives Parliament power to create courts)
Section 72
Judges are appointed by the GG and can only be removed by Parliament on the grounds of “proven misbehaviour or incapacity”.
Section 73
High Court’s appellate jurisdiction (hears appeals from lower courts), HC has the final judgement.
Section 75
High Court’s original jurisdiction (cases involving treaties, states or the Commonwealth)
Section 76
Parliament can expand the High Court’s jurisdiction.
Section 90
Exclusive power of the Commonwealth over customs, excise and bounties.
Section 92
Free trade between states (one of the main reasons why States combined into a Federation).
Section 96
Commonwealth can give financial grants to states with conditions.
