Sources of contemporary Australian law- constitutional Flashcards
1
Q
what is constitution
A
- a guidebook for how the country is run.
- Basically, a birth certificate for a nation
- Set of rules for how the country is run.
2
Q
how was the Constitution made?
A
- Votes from the 6th British colonies that made Australia.
- An act of the British parliament
3
Q
What does it contain?
A
- Roles of commonwealth + state government
- Role of the High Court
- Powers of commonwealth parliament
4
Q
how does it change
A
- Nationwide vote (referendum)
- Majority of people in a majority of a state (4 states)
5
Q
what is the division of powers?
A
The DIVISION OF POWERS in the constitution to make laws between state and federal.
o RESIDUAL = Powers resigned with state → health
o CONCURRENT = Powers that state and federal share → tax
o EXCLUSIVE = Powers resigned with federal → immigration
6
Q
what is the separation of powers?
A
The SEPARATION OF POWERS is where the constitution divides power into 3 bodies, to ensure there are check and balances on the powers of government, therefore no body abuses power or uses it in the wrong way.
3 Bodies:
o PARLIAMENT = Makes laws
o EXECUTIVES = Enforces laws
o JUDICIAL = Makes inferences on the law.
