The Government and The Constitution 1.2.3-1.2.7 Flashcards Preview

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Flashcards in The Government and The Constitution 1.2.3-1.2.7 Deck (17):

What is statute law?

Law made by parliament


What does the process of statute law making involve?

The House of reps (150 members each from 1 electorate)
Senate (76 members 12 for each state, 2 for each territory)


How is statute law made?

1. Gov sees need for new law
2. Resp minister supervises making of law/Private member's bill(MP introduces a law but low success rate)
3. Minister takes bill to parliament (1st reading)
4.2nd reading, Broad content debated and voted on,
5. Commitee stage, Bill debated clause by clause, altered
6.3rd reading, voted on
7. Goes to upper house through same stages if passed
8.Royal assent (signed by gov general)


What is delegated legislation?

Due to lack of time, parliament delegates certain laws to subordinate bodies (gov deps, sporting bodies) who can draft details.
Theys set broad & procedural details that are decided under delegated legislation
Responsible minister supervises it


what is the constitution?

Rule book of Oz
Gives role of fed gov & states
Outlines framework that the Commonwealth of Oz operates under
Gives clear role of dif courts


What is the role of the separation of powers?

Deals with all powers gov can exercise (legislative, executive, judicial)
ensures they aren't concentrated in one body
Checks & balances by legislature & judicature ensure executive power is controlled


what does the judiciary do?

tests and enforces laws


What does the legislature do?

incl. both houses of parliament, decides what laws should be enacted


What does the executive do?

run the country and propose laws


What is the role of the division of powers?

covers certain functions of state & fed govs
refers to how power to make laws is divided between commonwealth & states
Ensures legislatoin is appropriately divided


What is an exclusive power?

those that fed gov has (marriage, foreign affairs & defence)


What is a residual power?

those that have remained with all states before the fed gov (policing, education, hospitals)


What is a concurrent power?

covered by both tiers of gov (finance, taxatoin, transport, infrastructure)


Egs of what Const contains

CW can make laws about aliens, raliways, crime and legal tender
at 70 a justices term expires
Gov general is commander in chief of Navy & military
states can't legislate to prohibit exercise of a religion
Every state responsible for prisons


What is the structure of fed gov?

Fed gov led by Executive (Gov General, PM & cabinet)

Laws made by Legislature (cambinate ministers & senate + house of reps)
Constution interpreted by Judiciary (laws & const checked by HC)


What happened in the Haneef case?

in 2007 Haneef arrested on gold coast for reckless support in his cousins botched terrorist act in glasgow airport
He was released on bail but had visa revoked as he failed character test was in immigration detention 3 weeks
Went to high court and won, migration act was incorrectly applied by minister and he recieved large compensation
Involves separation of powers


What happened in marriage equality case?

In 2014 ACT gov passe same sex marriage laws
Fed gov took ACT to court saying they were breaching constitution and weren't following fed policy
ACt said its laws could reside with fed legis. becaused it had defiined dif type of same sex marriage.
ACT lost as 1961 marriage act applied to nation, nullifying their law
Involves division of powers and shows how high court must interpret constitution over fairness and equality,
justice is not always achieved by courts