CHAPTER 2 Flashcards
What does s7 do?
- Established the senate as states house with equal representation for each original state, surreally 12 senators each, with territories having 2 senator each
- requires the senate be ‘directly chosen by the people’ thus democracy
What does Section 24 do?
- establishes HOR as a people’s house with representation in proportion to the population of the states
- requires the HOR to be ‘directly chosen by the people’ and is thus democratic
- requires the House to be twice the size of the senate ( nexus clause)
- limits original states to have no less than 5 members in the HOR- (tas only has pop for 3; wa had 16)
What does Section 51 do?
Contains a list of legislative commonwealth concurrent heads of power under which parliament can make legislation, but not an exhaustive list as other powers are located elsewhere in the constitution.
What does Section 53 do?
- Imposes a limit on the senates power to legislate money bills but otherwise states that the senate has equal powers to the house
- removes possibility of rival government
What are the 4 functions of parliament?
Representative- represent the people of a nation
Legislative- make statute laws, both money and non money acts
Responsibility- hold executive government to account
Debate- nations premier forums for discussion of issues
How to define parliament style?
Washminster hybrid- as it adopts features from both the US or Washington model and he British Westminster system
What are exclusive powers?
Powers exclusive to the commonwealth
What are concurrent powers?
Powers that belong to both commonwealth and state parliament.
Section 109 do?
Contains mechanisms for resolving conflicting legislation if the commonwealth and a state/s pass inconsistent laws under these shared powers
What is residual power?
Legislative Power of the states. S107 Preserves the states powers ( that that haven’t been exclusively granted to the commonwealth parliament )
What does s106 do?
Reserve the state constitutions
What does s108 do?
Preserve the states laws
+ verify this plz
What are powers that are exclusive by nature?
Heads of Power that are concurrent however it is illogical for the states to make laws about these matters
Eg. 51(is) ‘quarantine power’
Why is s51 (vi) exclusive?
Defence power made exclusive by s114 when prohibits the states from having armed forces
S119 also allows commonwealth to protect the state from invasion
What does Australia adopt from the US?
- written federal constitution
- upper ‘house of states’ ( the senate)
- strong bicameralism- powers equal
What does Australia adopt from the UK?
- constitutional monarchy with queen incorporated into the parliament
- lower house of government (HOR) formed by whoever commands majority
- responsible parliamentary government operating under unwritten constitutional conventions
What does s1 do?
State that legislative power is vested in federal parliament including the queen, senate and HOR