Semester One Exam Flashcards

Question

Residual

Answer 1

Not mentioned in constitution. Section 107 - Saving Power of states Section 108 - inconsistency of laws goes to fed

Answer 2

Section 87 - First 10 yrs after constitution, commonwealth give 1/4 money to states to help. Hereafter commonwealth can decide use of revenue. Gave commonwealth financial powers. Caused VFI Section 92 - commerce and trade in Aus "absolutely free" Section 94 - distribute surplus revenue Section 96 - Special Purpose Grants "do so under conditions as govt sees fit"

Answer 3

``` referendums interp by HC Ref of Powers, Unchallenged Legislation Financial powes Constitutional Conventions/commissions ```

Answer 4

Section 128 1. Initiation and passage of bill by fed parliament, setting out a referendum question 2. Bills passed by both houses, or same house twice (after 3 months) 3. After 3 months if both houses unable to agree w wording of Q, GG choose Q from all Q 4. Assent by GG 5. Q voted on w/in 2-6 months of passing 6. TO PASS: Double Majority. 4/6 original states, 50%+1. IF relate to specific state/s, that voting pop must vote majority YES

Answer 5

1928 state debts - loans council 1946 social services - insert sec51.23 Commonwealth centrelink 1967 aborigines - delete sec 127, insert sec51.26 8/44 sucessful

Answer 6

Double majority too high a hurdle, esp 4/6 states. | 1946 industrial employment ref: 62% YES, 3/6 YES

Answer 7

1. Which party in power ---> do states support 2. PM writes question/has most impact on Question presented 3. BIPARTISAN SUPPORT? 4. Opposition?

Answer 8

1. Apathy NO vote 2. Distrust of politicians NO vote 3. Confusion NO vote eg Multiple Questions (howard republic) or confusing wording

Answer 9

``` BIPARTISAN SUPPORT SOCIAL ACCEPTANCE OF IDEAS - GENERAL SUPPORT EASY TO UNDERSTAND/WELL WORDED LIMITED CHANGE PROPOSED OBVIOUS BENEFITS TO STATES/VOTERS ```

Answer 10

commonwealth pass laws outside const powers (cannot refer to a "head of power" in const usually someone challenge in HC bc fed acted ultra vires SOMETIMES states not challenge laws Snowy River authority Radio and TV Regulation

Answer 11

matters referred to parliament of commonwealth by parliament of any state/s but so that law shal extend only to states who refer or adopt law afterwards THIS ALLOWS STATES TO HAND ON RESIDUAL POWERS TO COMMONWEALTH SA and TAS refer non metro railways in 1977 Vic refer industrial relations in 1997

Answer 12

write new :)

Answer 13

most important way of changing constitution because of difficulty of passing a referendum doe not alter wording of constitution, but alters way in which it is read HC can only act on cases brought before them, not independantly. HC Decisions often affect balance of power: 1. protect states from commonwealth power 2. extend commonwealth financial powers 3. extend other powers EG external affairs/corporations

Answer 14

State powers far outweigh commonwealth powers. This is why fed took so long. Go in depth 106, 107, 108

Answer 15

``` Centralist = fed > state Cooperative = fed = state Coordinating = state > fed ```

Answer 16

Changes in society - well developed commercial, industrial transport and communication structures Issues like environment is nationwide concern

Answer 17

Voluntary arrangements between the commonwealth govt and state govts to take common administrative or legislative action 1992 - establishment of COAG 1996 GUN LAWS mirror legislation intro by state and fed govts across Australia gonski

Answer 18

an imbalance of power in a federal system where the central authority effectively dominates the regional govt

Answer 19

``` COERCIVE. tried to bypass states 60% increase in tied grants new and controversial interp of const. states resented. contributed to whitlam downfall ```

Answer 20

COOPERATIVE. More consensual approach intro COAG and MINISTERIAL COUNCILS National competition policy/national standard

Answer 21

COERCIVE but a lil coop More willing to override states Tied grants grew Continuation of many Hawke innovations - dual federalism w joint and seperate activities

Answer 22

COERCIVE CENTRALISM. increase tied grants. WORK CHOICES. deterioration of COAG

Answer 23

``` new era COLLABORATIVE FEDERALISM elected on promise 'end the blame game' increase in COAG meetings Overhaul of fiscal federalism Overhaul of state responsibilities "cooperative" centralist ```

Answer 24

Party Politics and CMR

Answer 25

Committee of senior politicians selected from the party responsible for directing govt policies. Political executive, responsible for taking initiative in govt and controlling admin. only senior ministers

Answer 26

``` Information exchange Arbiter Political decision maker guardian of strategy coordinator allocator crisis manager accountability watchdog ```

Answer 27

PM "hand picks" cabinet ministers that are loyal (like minded on policy) Eg. Howards cabinet unified and disciplined

Answer 28

1. PM sets agenda 2. Kitchen Cabinet 3. Party Solidarity/CMR 4. PM selects and dismisses ministers 5. First among equals in Cab

Answer 29

1. Decides election dates 2. PM performance impacts backbenchers ability to win elections/hold seats 3. selects ministers

Answer 30

PM Primary focus of media attention Elections are about choice between alternative PMS PM unlikely to be publicly opposed during election campaign but likely to be ousted after election if they lose (keating 1996)

Answer 31

Fraser - AUTHORITY AND CONTROL. Ministers who felt powerless revolted (Peacock 1981) Hawke - inclusive/wanted everyone to like him. seen as indecisive. Howard - Party Unity and personal loyalty Rudd - centralist and rude and insulting. dictorial. not a future thinker. two faced. DOWNFALL

Answer 32

• Cabinet through policy formation • Political Rivals – EG ’13 Rudd & Gillard • Political Parties: Ideologies; Labor Branches Liberal Coalition • Parliament: Senate, Role of the Speaker, Gag Orders • GG : double dissolution, Decide Ref Question • High Court can overrule govt decision – Gillard Malaysian Solution • States: Health Care (WA yet to sign up), Better Schools Program (WA, QLD, SA not signed up) • PM elected by party so can’t afford to get offside with them often • State Branches – COAG, state diff party to fed • Traditional Policy Direction for ALP came from party conferences

Answer 33

``` • Second largest party in HOR • Even though opposition is formed in HOR, also sit in senate • 2013 – current: Labor: Bill Shorten 55 seats (HOR) 26 seats (senate) • 2009 – 2013: Liberal: Tony Abbott ```

Answer 34

``` Works to provide an alternative to govt actions and policies. In this capacity the opposition scrutinises the govt and seeks to hold them accountable for their decisions. Opposition also called Alternative govt, as they nust be ready to form govt if they are voted in during following federal election • Legislative process  Private Member Bills • Accountability • Opinion Polls • Provide Suitable alternative govt • “Work the Media” ```

Answer 35

``` • Question Time! • Legislative Debate  “Grievances” • Vote of no confidence • Reply Speech Join forces with minor parties in Senate – Debate Govt legislation – Block Legislation ```

Answer 36

Must provide a unified front with strong leader Since 1980s Liberal has been in oppositoin twice and labor once • Changing Leaders if theyre unpopular.

Answer 37

* Provide alternate Prime Minister * Chairing weekly party meetings * Leading Development of Party Policy * Selecting opposition members and senators to be Shadow Ministers * Leading the team of shadow ministers – Shadow Cabinet * Acting as chief spokesperson for party inside + outside parliament * Presenting alternate policies to govt and Australian People * Leading Party in Election * Utilises expertise in community as an information and advisory source due to limitations of staffing and resources of an opposition * Represents his/her electorate * Not constitutionally recognised, the opposition leader is provided with a special salary, entitlements and facilites.

Answer 38

Within 7 months deposed K-Rudd Worked really hard to dispose of CarbonTax A lot of ministerial experience (9 yrs during Howard govt) Low approval ratings for PM (JG) Abbotts fault?

Answer 39

> “Almost” beat labor in 2010 election. Often praised for this but “almost” is as good as getting thrashed > could not win support of 2 independents he needed terrible approach to negotiations > parliament passed 420 bills and he couldn’t stop one, and he only needed to sway 2 votes. Or put through motion of no confidence > couldn’t prevent govt from implementing it’s program, let alone “frustrate labor’s ability to govern” > couldn’t force govt into early election, despite finely balanced numbers in house & poor approval ratings one of the highest disapproval rating. Not well liked. > No signature policies. “stop the boats” “stop the Carbon tax” … not policies but slogans. NO positive agenda.

Answer 40

Conservative in nature. Believes that courts should strictly adhere to the literal meaning of law and constitution. The development of the law should be left to govt. Judicial Legalism Believes: 1. Sep of powers: Parliament (exec and leg) makes the laws and courts enforce it in individual cases 2. Decisions of judges should be based on pre-existing legal norms 3. Judges should be guided by judicial restraint

Answer 41

Under common law, owners of land adjoining a road owed no duty of care to road users and were under no legal obligation to fence in their animals to prevent them from straying onto the road. The principal was based on a longstanding British precedent dating back to when farms didn’t have fences and there was no major highways and cars Precedent arised 1947 Searle vs wallbank; Cyclist collides with horse in poorly lit area. Horse strayed from farm. Cyclist wanted to sue. Farmer was negligent – knew fence was damaged. BUT court upheld this common law principle 1978 Mr Brisbane vs Cross – challenged application of common law in Searle ws Wallbank cow strayed on road, brisbane and his motorcycle was injured Judge agreed farmer was negligent but Supreme Court ruled in favor of farmer due to common law

Answer 42

SGIC = insurance company of deceased driver Trigwell sued for damages, under negligence. A) a) Driver (action bought against SGIC) b) farmers fault for failing to ensure his livestock didn’t escape Supreme court: Insurance company had to pay but farmer wasn’t responsible. Appealed to HC: LEGALIST point of view Justice Murphy, in dissent stated that the farmer was liable. New Legislation intro 1984 Wrongs act (Animals straying onto highways act)

Answer 43

Court decisions made by HC that reflect the current values of society and formulates precedence. Activist decisions do not believe we should follow literal meaning of law/constitution. 1. Creativity in judgements in superior courts is inevitable 2. Parliament fails to bring law up to date or resolve legal disputes, thus leaving task to courts 3. Judges can legitimately consider policy based on enduring community values 4. Concerns that the court acting as a de facto parliament are misplaced as parliament can legislate to overturn judicial decision

Answer 44

1778 “terra nullius” 1836 – QLD govt says only formal land rights = crown 1971 – grove land rights case; HC found Torres Strait island + Mabo vs QLD State Govt. 1985 – gov pass QLD coastal islands delatory act reinforce ctrl of murray islands in Torres Strait. Mabo claimed act was discriminatory. QLD govt relied on principle of terra nullius. 1992 – HC in favor of merriam people. 71 and 85/2 courts found in favor of Terra Nullius aCAUSED COMMON LAW RIGHTS TO NATIVE TITLE. HAD TO PROVE U WERE LIVING THERE LOTS. ACTIVIST BECAUSE IT REJECTS THE SET LEGAL PRINCIPLES AS INCONSISTENT WITH UNDERLYING VALUES OF MODERN SOCIETY. GOVT THEN MADE NATIVE TITLE ACT 93 WHICH MADE STATUTE. OVERRULE TERRA NULLIUS, WIKI DECISION- RIGHTS TO PASTORAL LAND ON CERTAIN CONDITIONS

Answer 45

1. National Native Title tribunal holds absolute authority over claims for native title 2. State govt are empowered to extinguish native title over crown lands for matters of national interest 3. Lands providing public amenities are exempt from claims 4. Mining and pastoral leases are allowed to coexist with native title 5. Nntt can create traditional lands rather than granting full native title 6. A registration test is imposed on all claimants 7. The right to claim native title in or around urban areas removed 8. Govt permitted to manage land , water, or air issues on any site 9. Very strict time limits will be placed on all claims 10. Indigenous land use agreements will be created to promote co-existence

Answer 46

Constitutional Case --> implied rights. Entrenched rights: actually stated Implied rights: not mentioned, but interpreted 1992: Trying to add in IIID into broadcasting act 1942 Constitutional validity of part IIID of broadcasting act 1942 Broadcast political ads free of charge + regulate political advertising Implied right = political communication. Broadcasting act Goes against this. Activist bc implied and goes against Plaintiffs said: New laws interfered with right of free political speech implied in constitution. Argued parts of act requiring broadcasters to give free time to certain people was an unjust acquisition of property.

Answer 47

Gough Whitlam – PM : 1972 came into power after 23 years of Lib/Nat control Sir John Kerr – G.G. Malcolm Fraser – Opposition (later= caretaker PM) • ’74 – first double dissolution – put Whitlam back into power but with a hostile lib senate • 2 Labor Senators – one dies and one leaves: Replaced by non-labor reps! Sir Biachi Peterson (queensland premier)– put in Anti Labor Unknown Albert Patrick Field • Loan’s Affair issue • 1975 Nov – sending supply bills but kept being rejected by Lib Ctrl Senate • Fraser says he will only pass supply bill if Whitlam calls an election • GG discussed w Fraser if he agreed to issue supply bill he would dissolve parliament (11 Nov 75) and dismiss Whitlam and appoint Fraser as caretaker govt. • GG used reserve powers.

Semester One Exam Flashcards

(71 cards)