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LMCG 12 POL > Constitution/cases FCs > Flashcards

Constitution/cases FCs Flashcards

(48 cards)

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1
Q

Referral of powers

A

51(xxxvii)

MDBA 2007

NFA 1996

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2
Q

External affairs

A

51(xxix)

Tas Dams 1983

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3
Q

Unchallenged legislation

A

Snowy River Scheme 1949

  • used s.51(vi) as HOP
  • even though Australia was no longer at war, no one brought it to the courts
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4
Q

Cth has exclusive power over customs, excise and bounties

A

90, 86

Ha and Hammond 1997

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5
Q

Cth can issue grants via CGC

A

96

  • Roads Case 1926*
  • 1st UTC 1942*
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6
Q

Taxation

A

51(ii)

EBN

1st UTC 1942

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7
Q

Braddon Blot

A

87

For the first 10 years after federation, ¾ of the Cth income on customs/excise shall be distributed to the states.

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8
Q

WA charging of customs/excise/bounties

A

85

… at a diminishing rate for the first five years.

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9
Q

Free trade/state intercourse

A

92

  • Palmer v. WA 2020*
  • Cole v. Whitfield 1988*
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10
Q

Corporations

A

51(xx)

WorkChoices 2006

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11
Q

Disqualifications of MPs

A

44

Citzenship Seven cases 2017

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12
Q

Industrial relations

A

51(xxxv)

Railway Servants 1906

Claimed by states in WorkChoices 2006

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13
Q

Naval and military defence

A

51(vi)

Exclusive

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14
Q

Special races

A

51(xxvi)

Repealed in 1967 Aboriginals referendum

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15
Q

Casual vacancies

A

15

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16
Q

By-elections

A

33

Wentworth 2018

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17
Q

HOR terms

A

28

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18
Q

Royal assent by the GG

A

58

Express power

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19
Q

Dissolution of both houses

A

57

Express/reserve power

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20
Q

Senate composition

21
Q

Exclusive powers of the Cth

22
Q

Issuing of writs by GG

Study These Flashcards
A

32

Cosgrove in 2018 per Turnbull’s call

23
Q

Allowances

Study These Flashcards
A

51(xxiiiA)

Williams No. 2 (2014)

24
Q

Composition of Federal Parliament

Study These Flashcards
A

1

Queen, HOR, and Senate

Currently

HOR - 76 LNP, 68 ALP, 7 CB

Senate - 36 LNP, 26 ALP, 14 CB

25
Marriage
51(xxi)
26
Cth has power to acquisition of property
51(xxxi) Human right
27
Senate and HOR difference (appropriation)
53
28
Nexus clause
24 Outlines HOR prevailing over Senate in ‘legislative disputes’
29
Aliens
51(xix) *Thoms v. the Cth 2020*
30
GG as Queen's rep
2
31
Proroguing of prlt
5
32
Concurrent powers
51 Many favour states
33
Executive power vested in the GG/Queen
61
34
GG acts on advice of FEC
63
35
GG appoints ministers to the FEC
62
36
GG can appoint and dismiss ministers at their pleasure
64 *'The Dismissal' of 1975*
37
GG is commander in chief of naval/military forces
68
38
Judicial power vested in the HCA
71
39
GG can appoint and remove justices of the HCA and other federal courts with security of tenure
72 (ii) “on the ground of proved misbehaviour or incapacity”
40
Appellate jurisdiction of the HCA
73 * Mallard v. the Queen 2005* * Mabo v. Qld 1992* * Timber Creek 2019*
41
Original jurisdiction of the HCA
75
42
Additional original jurisdiction of the HCA
76 (i) - arising under the Constitution - *Cole v. Whitfield (1988),* Railway Servants Case (1906), The Engineers Case (1920), *Love and Thoms v. Cth (2020)* (ii) - arising under any act of parliament - *Timber Creek 2019*
43
Right to a trial by jury for federal, indictable offences
80 Human right
44
State protections
7 - the Senate protects the states 106 - validity of state constitutions 107 - state governments
45
Cth law is superior to state law
109
46
Freedom of religion
116 Human right
47
Freedom from discrimination against residents based on state of residing
117 Human right *Street v. QLD Bar Association 1989*
48
Formally changing the Constitution
128

LMCG 12 POL (6 decks)

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