Chapter 3- The Constitution Flashcards Preview

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Flashcards in Chapter 3- The Constitution Deck (72)
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1

❓❓❓define and give an example of specific powers

-powers which were given to the commonwealth parliament st the time of federation
-made up of exclusive and concurrent powers
-aka 39 heads of power
E.g. Taxation, immigration

2

❓❓❓define and give an example of exclusive powers

-powers where only the commonwealth parliament may legislate in
E.g. Defence, immigration

3

❓❓❓define and give an example of concurrent powers

-areas of law in which both the state and the commonwealth parliament may legislate in
E.g. Taxation, marriage

4

❓❓❓what is the importance of Section 109

-with regards to concurrent powers (e.g. Taxation) if a state law conflicts with a commonwealth law in an area of concurrent power, then under Section 109 of the constitution, the commonwealth parliament's law will prevail and the state law will become invalid to the extent of the consistency

5

❓❓❓ give two examples of restrictions state parliaments

-raising military forces (s.114): states are prohibited from raising naval and military forces

-coining money (s.115): states are prevented from coining money

6

❓❓❓give two examples of restrictions on commonwealth parliament

-rights of residents (s.117): prevents the residents of a state being discriminated against

-freedom of religion (s.116): prevents commonwealth parliament from legislating in respect to religion, thereby guaranteeing freedom of religion

7

❓❓❓what is S.51 of the constitution?

-lists specific powers or the commonwealth parliament

8

❓❓❓what is S.128 of the constitution?

-sets out the referendum process

9

❓❓❓what is a referendum?

-a compulsory vote on a proposed change to the wording of the commonwealth constitution

10

❓❓❓name three ways the division of power can be changed

-referendum
-referral of power
-high court interpretation

11

❓❓❓what is the main requirement needed for a referendum to be successful?

-a double majority

12

❓❓❓define 'double majority'

-where a majority of voters in Australia, as well as a majority of voters in a majority of states, must vote 'yes' to the proposed change

13

❓❓❓what is a strength of the double majority requirement?

-it protects smaller states from being dominated by larger p, more populated states

14

❓❓❓what are the three stages of the referendum process?

-the parliament
-the people
-the Governor General

15

❓❓❓describe the parliament stage of the referendum process

-a Constitution Amendment Bill proposing the change is drafted
-bill must pass through both Houses of Parliament with an absolute majority

16

❓❓❓describe the people stage of the referendum process

-within 2 to 6 months after the bill is passed by parliament, the Governor General must put the proposed change to the people of the Australian electoral to vote 'yes' or 'no'.
-must be passed by a double majority (majority of vote in Australia as well as the majority of voters in a majority of states must vote 'yes'

17

❓❓❓describe the Governor General stage of the referendum process

-Governor General must grant royal assent
-once Royal assent is granted, the wording of the constitution can be changed

18

❓❓❓name three factors affecting the likely success of a referendum

-timing and cost
-voter conservatism
-lack of bipartisan support

19

❓❓❓explain timing and cost (factors affecting the likely success of a referendum)

-very expensive
-when held at the same time as an election it takes focus away from referendum, and generates less interest because people are more interested in election
-e.g. 1999 republic referendum cost $6million

20

❓❓❓explain Voter Conservatism (factors affecting the likely success of a referendum)

-voters may prefer constitution as it is
-proposals of major changes are less likely to be successful (e.g. 1999 republic referendum)
-proposals which affect a small group in society are more likely to succeed (e.g. Retirement age of judges to change to 70)
-'no' vote may be cast to maintain the status quo

21

❓❓❓explain Lack of Bipartisan Support (factors affecting the likely success of a referendum)

-proposed changes are more likely to succeed if they have the support of both major political parties. If the proposal for a change is supported by ONE part, it may gain support of ONLY that party
-voters generally vote according to their political preferences and the advice of their political party, and may be suspicious of a proposal supported by the opposing party, therefore voting 'no'

22

❓❓❓name five strengths of referendums

-the people can have their say
-protection of smaller states
-compulsory vote
-one house can vote for a change twice for a referendum to be put to the people
-protection of the constitution

23

❓❓❓explain 'the people can have their say' (strengths of referendums)

-the constitution can only be changed if a majority of electors in Australia and a majority of electors in a majority of states agree to the change

24

❓❓❓explain 'protection of smaller states' (strengths of referendums)

-the double majority protects smaller states from being dominated by larger states because it is necessary to have a majority 'yes' vote in a majority of states

25

❓❓❓explain 'compulsory vote' (strengths of referendums)

-views of the majority as a whole are more likely to be represented in a referendum because voting is compulsory

26

❓❓❓explain 'one house can vote for a change twice for a referendum to be out to the people' (strengths of referendums)

-a change to the constitution can be put to the people even if an opposition-strong senate doesn't agree to it

27

❓❓❓explain 'protection of the constitution' (strengths of referendums)

-the lengthy process protects the constitution from the changes being proposed that have not been thoroughly considered and do not have overwhelming support

28

❓❓❓name five weaknesses of referendums

-distrust and lack of understanding
-double majority
-bipartisan support
-states have a lack of power
-costly

29

❓❓❓explain 'distrust and a lack of understanding' (weaknesses of referendums)

-people may see referendums as giving politicians more poet and will therefore tend to vote 'no'

30

❓❓❓explain 'double majority' (weaknesses of referendums)

-very difficult to achieve
-e.g. 13/44 referendum proposals received support of the majorities of Australian voters, but 5 didn't satisfy the majority of voters in a majority of states provision