constitution sections

Question 1

section 7 The Senate- “directly chosen by the people”

Answer 1

equal senators for each state

Question 2

section 24 House of representatives: “directly chosen by the people”

Answer 2

Nexus clause (x2 senators)

Question 3

Section 28 duration of the HOR (3 years)

Question 4

Section 51 Legislative powers of the Parliament (concurrent powers)

Question 5

section 52 Exclusive powers of the Parliament

Question 6

Section 53 the senate may not initiate or amend appropriation or taxation bills. They may give the house of reps amendment requests. May block bills.

Question 7

Section 57 Disagreement between the houses: if the senate blocks a bill

Answer 7

a period of 3 months is taken. If the bill is blocked again by the senate

Question 8

Section 61 executive power vested in the king and exercised by the GG as the king’s rep

Question 9

Section 62 There shall be a Federal Executive Council to advise the Governor-General. Members of the Council shall be chosen and by the Governor-General. They shall hold office during his pleasure.

Question 10

Section 63 governor general in council means in advice of the federal council- must hear advice of the AFC.

Question 11

Section 64 the GG can appoint ministers from among the MPs. They can be dismissed by the GG. The GG acts on advice of the PM. Ministers MUST be MPs within 3 months of being appointed.

Question 12

Section 68 command of the naval and military forces is vested in the Governor-General as the king’s representative.

Question 13

Section 71 Judicial power is vested in the high court and any other federal courts created by parliament. The high court must have minimum 2 judges. (similar to the supreme court).

Question 14

Section 72 judges are appointed by the GG. are removed by the GG on address from the senate and HOR due to misbehaviour or incapacity. the maximum age for a judge is 70 years

Question 15

Section 73 Appellate jurisdiction of High Court- the highest court of appeal. Parliament cannot prevent the High Court from hearing appeals.

Question 16

Section 75 Original jurisdiction of High Court

Question 17

• matters concerning treaties

Question 18

• affecting consuls or foreign representatives

Question 19

• disputes between states

Question 20

• matters where the commonwealth is a party

Question 21

• any other matters specified by the constitution or laws made by the commonwealth.

Question 22

section 76 additional original jurisdiction- parliament can give the powers and take them away with an act of parliament- gave interpreting the constitution.

Question 23

section 90 federal parliament exclusive power to raise certain types of taxes.

Question 24

section 96 federal parliament can grant money to states with conditions

Question 25

section 109 inconsistences with state and federal law

Answer 25

federal overrides.

Question 26

section 41 if you have the right to vote in your state

Answer 26

you can vote in the federal election

Question 27

section 44 dual citizenship disqualifies your from parliament

Question 28

section 58 royal assent to bills- gg can withhold assent. Never occurred

Answer 28

Monarch has 1 year grace period to overturn the law- fictional power.