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Flashcards in the constitution Deck (27)
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1

a consitution

a set of rules that may apply to a social club, organization, or nation

2

the commonwealth constitution

-1st Jan 1901
-legal framework and rules that apply to the governance of Australia

3

Australia before the constitution

- 6 separate colonies answerable to the British government

4

agruments for federation

-economy ( trade more efficiently )
-transport ( rail network )
-defense ( unified military )
-nationalism ( away from mother country )
-racial purity ( restriction of immigration )

5

agruments agaisnt federation

-trade ( job loss over competition )
-fear ( smaller states being disregarded over larger states )
-apathy ( feeling that federation was irrelevant )
-expense (the national government would be expensive to run )
-cheap labor ( QLD, determined to protect sugar industry by allowing pacific islands to work on sugar plantations )

6

federation

the action of forming states or organizations into a single group with centralized control

7

division of power

- section 51 specifies the legislative power of the federal parliament
- the division of power between the state and federal parliaments

8

exclusive powers

powers only federal parliament have
-currency
-citizenship
-tax
-foreign policy
-defense

9

examples of concurrent powers

education
-federal ( uni )
-state ( schools and teachers )

environment
-federal ( world heritage sites )
-state ( approvals for development )

health
-federal ( payment to doctors and pharmaceuticals )
-state ( hospitals )

10

concurrent powers

areas both state and federal parliament have legislative power

11

residual

leftover powers not in the constitution go to the state

12

separation of powers

power is distributed between three arms of government
-legislature
-executive
-judiciary

13

separation of power - legislative

makes and amends the laws ( the governor-general + senate + house of reps )

14

separation of power - executive

puts the law into action ( prime minister + ministers )

15

seperation of power - judiciary

makes judgements about the law ( high court + federal court )

16

why is seperation of powers important

- ensure rule of law
- prevent tyranny
- hold each sections to account
-delegation to uphold, make and change or put into actiom

17

hard seperation and soft seperation

hard seperation - between the judiciary system and the other two systems as it doesnt link as much

soft seperation - between executive and parliament systems because some of their roles cross over

18

referendum

nationwide vote

19

how can the constitution be changed

- a bill is passed by both houses of parliament
- the change is approved by referendum by the majority amount of people in the majority amount of states with and overall majority

20

how to vote in a referendum

yes or no vote

21

is a referendum hard to pass

yes because it needs a huge majority vote

22

aims of the high court

1. to protect the constitution by ensuring the government acts within its powers
2. to exercise original jurisdiction over constitutional matters
3. to act as the final court of appeal

23

constitutional interpretation

when the high court interprets the words of the constitution when resolving disputes

24

the privy council

- the highest court of appeal in Britain
- until 1986, Australians had the right to appeal matters to the privy council

25

what act removed the privy council

Australia act 1986
Australia ( request and consent ) ct 1986

26

Is the constitution a bill of rights

no

27

role of the high court

- original jurisdiction = questions of the constitution ( constitutional interpretation)
- appellate jurisdiction