part 2 Flashcards
(10 cards)
GG in Legislative arm
Passes bills. He/she signs off on them after they’ve been passed by other bodies of parliament.
GG in Judiciary arm
Appoints and removes judges, specifically in the High Court on the advice of the Prime Minister.
Residual powers and exclusive powers
Residual powers is power that is retained in government after other powers are distributed to other states in the course of elections or in the process of delegation where exclusive powers is a set of lawmaking powers of which include, immigration, currency and defence.
Advantage of Federal System
It provides for different ways of thinking in different states of issues such as education development, but at the same time provides for national defence and external affairs matters.
Disadvantage of weakness of the process by which Australian constitution can be altered
When the alteration is proposed, it can be confused by the people voting. For example, the 1999 referendum if Australia should become a republic, people were confused of the question and the overall outcome of what was to come of being a republic nation, so the voted against it.
Four rights protected (DG)
- Religion
- Interstate trade
- Right to trial by jury
- Cannot be discriminated based on the state they live
Lawmaking changes due to 1967 referendum
It was to transfer legislative power from the states to Commonwealth so that uniform laws and decisions could be made in regard to Aboriginals, etc.
Role of Parliament and Judiciary in recognising native title
The Judiciary recognised and acknowledged the traditional right and interests of the lands and water of Aboriginals and Torres Strait Islanders (after the Mabo case to which he fought for the right for land). Parliaments role was passing the Native Title Act 1993 to which native title claimants can make an application to the Federal Court to have their title recognised by Australian law.
The protection of the rights of all Indigenous Australians
The full bench of the HCA in a majority decision 4:3 held that sections in the Racial Discrimination Act was a valid exercise of the external affairs power and therefore, the actions of the Queensland Ministers were inconsistent with federal law and invalid.
Lawmaking power between the states and the Commonwealth
This case set a precedent regarding the external affairs power and as a result, gained power of racial discrimination by decreasing residual power of states in the Commonwealth.
