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Flashcards in Australian law: Constitutional Law Deck (6)
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Role of Aust. Constitution?

To determine what powers can be exercised by the Commonwealth Govt. and what powers remain with state governments

1

Constitution separates what 3 branches of federal government?

1. Judicatures/Courts
2. Parliament
3. Commonwealth Executive

2

Distinguish between separation and division of power.

Separation of power ensures no one group within the government can dominate whereas division of power divides power between state and Commonwealth governments

3

What are the 3 divisions of power?

Residual: powers that states have retained after federation (eg. Traffic)
Concurrent: powers shared between Commonwealth and states (eg. Health care)
Exclusive: powers granted only to the Commonwealth Parliament (eg. Trade, foreign relations, defence)

4

How can a constitution be changed?

Referendum - double majority

5

Importance of High Court in constitutional law in Aust.

1. Original jurisdiction for any matter involving the Constitution
2. Protects constitution by ensuring governments act within their constitutional powers