Constitution as a Check on Commonwealth Parliament - Representative Government

Question 1

What is a check?

Answer 1

• Means ensuring that Cth Parliament does not wield ultimate power without another way to balance/equal out it’s lawmaking powers

Question 2

S7 + 24

Answer 2

• The Senate and House of Representatives are ‘directly chosen by the people’

Question 3

Representative government

Answer 3

• The idea that members of parliament are democratically elected by the Australian voters to make decisions and laws that reflect the values of the people that voted them in

Question 4

Role of the HC

Answer 4

• S75 + 76 provides the HC with the role of interpreting words in the Constitution
• Should Cth disagree with HC ruling, they cannot abrogate the decision
• The only way the Cth parliament can change the ruling is by changing the constitution through a referendum, which is incredibly rare
• The party bringing the case to the HC must have standing and leave (permission) to bring the HC case
• The HC can also overrule any previous decisions made
• If the parliament acts outside of its jurisdictional boundaries, the HC can declare it ultra vires

Question 5

Strengths of HC as a check on Cth

Answer 5

• Can declare whole/part of a law invalid (ultra vires) if it breaches representative government or beyond their lawmaking powers
• Difficulty in bringing a case/requiring standing means only relevant cases are brought
• Parliament cannot abrogate HC decision, ensuring the HC remains a true mechanism of providing checks and balances
• HC is independent judiciary, meaning it is not subject to other influences, such as political pressure

Question 6

Weaknesses of the HC as a check on Cth

Answer 6

• The HC can only interpret and declare a law invalid if a case is brought before it, meaning a law can operate invalidly for a long time
• A person requires standing to bring a case
• The cost and time of bringing a case to the HC this decreases the number of cases able to be brought, meaning their ability to act as a check is limited
• HC can only protect representative government as far as the facts of the case allow