Ch 9,10 Notes

Question 1

Features of Westminster System

Answer 1

1. Responsible Gov (direct elections + want revote)
2. Sep of powers

Question 2

Purpose of Aus Cons

Answer 2

Sets out LM powers of Clth + establishes principles so not LM outside of powers
+ establish HC to interpret and resolve disp over Cons

Question 3

2 Main Bodies that Make/Change Law

Answer 3

1. Parliament (legislature)
2. Courts (jurdiciary)

Question 4

Main Role: Courts

Answer 4

To apply existing law and resolve disputes + hear cases

Question 5

How Judges make Law

Answer 5

1. Establish new principles when resolve cases
2. Statutory Interpret

Question 6

Purpose of Law

Answer 6

To protect society and enable function orderly and peaceful by provide guidelines of accept behav to prevent and minimise conflict in community

Question 7

Rule of Law upheld through…

Answer 7

1. Aus Cons as a “check”
2. Judges and courts are indep
3. Laws open to criticism etc.

Question 8

Features of the Cons

Answer 8

1. Est. Clth Parl + structure
2. Est. HC and power to interpret Cons
3. Set out matters relating to states
4. Est. Clth LM powers
5. Referendum&raquo_space; change Cons wording
6. Provides protections&raquo_space; all areas of gov consistent w/ key democratic principles

Question 9

Clth Parl Made up of…

Answer 9

1. King (GG)
2. Senate
3. HoR

Question 10

Main Role: Clth Parl

Answer 10

1. Make Law
2. Represent the Aus ppl

Question 11

Purpose of Bicameral

Answer 11

2 groups&raquo_space; power to make law not held by single group&raquo_space; respons is shared

Question 12

House of Reps is aka…

Answer 12

1. “The Peoples’ House”
2. “House of Government”

Question 13

Who is in HoR

Answer 13

151 members - each rep an electorate to rep peoples’ views and values of their electorate
Election held every 3 years

Question 14

Role in L.M: HoR

Answer 14

1. Initiate and Make Laws
2. Determine Gov
3. Act as House of Review
4. Control Gov Expenditure
5. Rep the people
6. Scrutinise Gov Admin (question time + investigate through committees)

Question 15

Senate is aka…

Answer 15

“The States’ House”

Question 16

Who is in Senate

Answer 16

76 members: 12 per state and 2 per territory
Elections every 6 years

Question 17

Role in L.M: Senate

Answer 17

1. Act as House of Review
2. Allow Equal rep of states (regardless of size)
3. Initiate Bills (but NOT money bills)
4. Scrutinise Bills and Gov Admin

Question 18

VIC Parl is made up of…

Answer 18

1. King (governor)
2. Legis Council (upper)
3. Legis Assembly (lower)

Question 19

Who is in Legis Assembly

Answer 19

88 members - one per electorate
Elected for 4 years

Question 20

Role in L.M: Legis Assembly

Answer 20

1. Initiate and make laws
2. Form gov
3. Act as House of review
4. Control Gov Expenditure
5. Rep the people
6. Scrutinise Gov Admin
   e.g. through opposition or parl committee

Question 21

Who is in Legis Council

Answer 21

40 members - 5 members per region (there are 8 regions)
Elected for 4 years

Question 22

Role in L.M: Legis Council

Answer 22

1. Act as House of Review (scrutinise, debate, amend and reject)
2. Initiate Bills (not money bills)
3. Scrutinise Gov Admin (through opp or parl. committee)

Question 23

British King is rep by…

Answer 23

1 Gov general, 6 governors
Each appointed by Crown on advice of PM/prem

Question 24

Main Role: Crown

Answer 24

Ensure democratic system operates effectively

Question 25

Proper Democratic System requires...

Answer 25

1. Crown 2. Effective electoral system/Parl/courts 3. Majority of people have confidence that their community functions as a democracy

Question 26

Role in L.M: Crown

Answer 26

1. Grant Royal assent 2. Withhold Royal assent 3. Appoint executive council

Question 27

How Crown... grants royal assent

Answer 27

Given advice of PM/ministers for Clth, or Prem/ministers for state Crown must approve before becomes law

Question 28

How Crown... withholds royal assent

Answer 28

- Cons specifies circum where GG can withhold BUT does not specify for state level - Clth: Crown follows advice of PM/ministers - State: Crown follows advice of executive

Question 29

Exec Council is made up of...

Answer 29

1. Leader of gov (PM/prem) 2. Senior ministers 3. Assistant Ministers

Question 30

Main Role: Exec Council

Answer 30

To give advice tot he crown's rep on matters such as whether to approve regulations

Question 31

3 Divisions of LM Powers:

Answer 31

1. Residual 2. Exclusive 3. Concurrent

Question 32

Where and who: Residual Powers

Answer 32

- Not listed in Cons - Specific sections of Cons DO protect continuing power of states to make laws in areas not given to Clth - Held by states, but NOT territories

Question 33

Where and who: Exclusive Powers

Answer 33

- Mostly listed n section 51, but sep sections make these powers exclusive - Held by Clth Parl + they have exclusive powers for territories

Question 34

Where and who: Concurrent Powers

Answer 34

- Most of Clth's L.M powers in Cons are shared - all that are not exclusive are concurrent

Question 35

Examples: Residual Powers

Answer 35

Crim law, health, education, roads

Question 36

Examples: Exclusive Powers

Answer 36

Defence, currency, border protection

Question 37

Examples: Concurrent Powers

Answer 37

Taxation, trade, marriage e.g. States have stamp duty +payroll Clth has income tax + GST

Question 38

Recite Section 109

Answer 38

"When a law of a state is inconsistent with a law of the Clth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid"

Question 39

Purpose: Section 109

Answer 39

To help resolve conflicts and inconsistencies in areas of concurrent powers e.g. opposing laws

Question 40

Significance: Section 109

Answer 40

Acts as a restriction on the states in implementing their legis programs and mandaes

Question 41

For Section 109 to take effect...

Answer 41

1. Law must be challenged to be invalidated 2. If Clth law is abrog/changed and state law continues, state law will have effect and be in force

Question 42

For section 109, Courts must consider...

Answer 42

1. Whether the Clth law was intended to "cover the field" and be a complete statement of law on a particular subject matter >> no room for state law 2. Consider if there's actually a conflict

Question 43

HC section - about Section 109

Answer 43

Section 75

Question 44

HC powers in Section 75

Answer 44

1. Person suing/being sued by Clth/on behalf of Clth 2. Conflicts between states 3. Conflicts between residents of diff states 4. Between state and resident of another 5. Disputes about L.M powers between Clth and states