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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


Constitution separates what 3 branches of federal government?

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


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


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)


How can a constitution be changed?

Referendum - double majority


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