the people & law-makers booklet 1 U4 (2nd term)

Question 1

lesson one

define parliament

Answer 1

• refers to a body that consists of all demo elect mem chosen by the ppl of fed laws that sit in the UH & LH, in addition to the GG & king
• bicameral

Question 2

lesson one

what does it mean for australia to be a consitutional monarchy?

Answer 2

• we recognise the crown as head of state, but elect rep to make laws

Question 3

lesson one

what is the constitution?

Answer 3

• recog as the source that grants lawmaking auth to parl & HC

Question 4

lesson one

what is the composition of the HoR?

Answer 4

151 seats
secure govt = 776 seats needed by pol party –> form govt & leader = pr min –> lead leg change & ref
- most bills begin here

Question 5

lesson one

what is the composition of the senate?

Answer 5

• rep interests of st & territ
• reg of pop each st entit to 12 seats in sen e.g vic = 12 & tas = 12
• sen = elect 6 yrs tersm & 1/2 eligi for elect every 3 yrs
• law intro in HoR & passed up to senate –> mem consid prop law impact on their st / terri

Question 6

lesson one

define government

Answer 6

• refers to the pol party that has won an elect
• mem will gain most seats in HoR & their leader will bec pr min
• e.g. curr = lab & pm = AA

Question 7

lesson one

define political party

Answer 7

• org comprised of mem w/ sim pol views / ethos / values
• aim is to attract voters that share pol views in order to gain votes in lead up to elect

Question 8

lessone one

define electoral

Answer 8

• geo area comprised of approx 110,000 voters rep by mem of parl

Question 9

lesson one

define coalition

Answer 9

• ref to pol alli b/w two or more pol parties that share same views –> form to work together / gain voters / form govt

Question 10

lesson one

define crossbench

Answer 10

• x belong to major pol parties = indep / mem of minor parties

Question 11

lesson one

what is the main role of the GG?

Answer 11

• grant royal assent
• suggest amendments to legislation after it has passed both houses of parliament
• summon the executive council

Question 12

lesson one

what does it mean for the GG to grant royal assent?

Answer 12

GG sign bill on behalf of the crown after it has been approved by both houses of Cth parl
nec final step for a bill to bec law & usually appens on the advice of the pr min

Question 13

lesson one

elaborate upon the role of the GG, suggest amendments to legislation after it has passed both houses of parliament?

Answer 13

• if mistake is found in the bill after it has been passed through both houses, a min would advise the GG to return the bill to parl w/ the sugg change whilst GG would also sugg req amends
• s 58
• scarc used since 1901

Question 14

lesson one

what are the roles of the HoR (LH)

Answer 14

• intro bills / making laws
• representative govt
• scrutinise leg
• forming govt

Question 15

lesson one

what is the role of the LH - introducing bills / making laws

Answer 15

• make laws thr intro bills
• most bills intro by min = refl needs of soc / resp to curr needs for law reform / ideas = elect prom made to voters to sec their win

Question 16

lesson one

elaborate on the LH role, forming government

Answer 16

• after an elect, the pol party that has the most no. of seats in the HoR will form govt
• in case of hung parl party may seek supp from indep/other party that can form govt w/

Question 17

lesson one

what is a hung parliament?

Answer 17

• a sit. in which neither major party wins a maj. seat in the LH

Question 18

lesson one

what does it mean for the lower house to have the role of being a representative government?

Answer 18

• refers to the principle whereby mem. of parl. should act in a way that refl. the views & wants of the ppl that voted them into pwr.
• take form of intro. new laws, rev pol, deb / sugg amend to leg
• fail –> risk vote out

Question 19

lesson one

why is the lower houses role of scrutinising legislation?

Answer 19

• in less comm inst bills intro in senate, LH act as house of rev = mem deb & scruti prop leg / making amend if nec & passing bill to GG for roy ass

Question 20

lesson one

what are the role of the upper house?

Answer 20

• act as a house of review
• ensure equal rep of the states
• initiate bills

Question 21

lesson one

what does it mean for the upper house to act as a house of review?

Answer 21

• sincce maj bills intro by LH –> sen = role of deb & rev these bills –> ens x disad indiv states
• mem of sen can sugg amend before they agree to pass bill or rej

Question 22

lesson one

how does the senate ensure equal representation of the states?

Answer 22

• each st have = mem reg of pop when leg amen occur / new leg = deb
• sen rep sm (tas / sa) can have = say agst that of st w/ larg pop –> ens any laws prop / intro uphold eq int of all st & terri

Question 23

lesson one

what does the role of intiating bills by the senate mean?

Answer 23

• like LH sen can intia bills
• h/w most bills intia in HoR
• bil = intro in sen when min is a sen that is resp for part area that is rel to the bill being intro

Question 24

lesson two

what is the structure of victorian parliament?

Answer 24

• bicameral
• leg assem consis of 88 seats
• prof marg gardner gov of vic
• leg council consis of 40 seats

Question 25

# lesson two who is the governor of the victoria?

Answer 25

- is crowns rep in vic parl - appoint by the king on adv of vic prem of the day

Question 26

# lesson two what are the governors roles in lawmaking?

Answer 26

- granting royal assent - chair executive councils

Question 27

# lesson two explaining the role of the governor - granting royal assent

Answer 27

- gov will sign off on bills on behalf of the crown after it has been approv by bth houses - gov can choose to withhold roy ass (rare)

Question 28

# lesson two explaining the role of the governor - chair executive council

Answer 28

- gov acts on the adv of the execut council & often meets w/ these mini of the vic govt to discuss any leg matt that comes before the gov office

Question 29

# lesson two what is the role of the legislative assembly in lawmaking?

Answer 29

- initiate new legislation - represent the ppl in lawmaking - review legislation & propose amendments

Question 30

# lesson two role of leg assembly - initiate new legislation

Answer 30

most leg = intro by min who usu mem of the leg assem --> maj of new laws & prop ch to laws beg in leg assem

Question 31

# lesson two role of leg assembly - rep the ppl in lawmaking

Answer 31

- mem = dir chosen by vot in their distr & will often rec letters / emails / corres from those living w/n comm - as rep of comm should act in way that ref the opin & pers of the maj of those living w/n their distr when intro/ deb / sugg amend to leg - fail = risk vote out

Question 32

# lesson two role of leg assembly - review leg & prop amendments

Answer 32

- as soc ch existing acts may need to change to ref needs of ppl - leg assem = compro of mem of parl who dir rep & underst the issue affecting their distr & can t/f prop meaningful amend

Question 33

# lesson two what is the role of the legislative council in lawmaking?

Answer 33

- scrutinise legislation - initiate legislation

Question 34

# lesson two how does the leg council scrutinise legislation?

Answer 34

- deb & scrut bills intro by the leg assem - leg council more incl indep & mem from smaller part --> allows for wider range of persp to be consid when deb new bills or amend to leg

Question 35

# lesson two how does the leg council initiate leg?

Answer 35

- leg can originate from leg council - h/w most leg = intro in LH - bills reg expendi of vic pub $ x intro in the leg council

Question 36

# lesson three what elements does the constitution include?

Answer 36

- the struct of parl - chp 1 (pt 1) - how the constit can be changed - s128 (chp VIII) - the rights of the ppl - s80, s117, s92 - the role of the hc - s75 & s76

Question 37

# lesson three what happened when the original colonies with law-making powers agreed to federate as states?

Answer 37

- kept some of their pwrs (resi) - shared some of their pwrs w/ the cth (con) - handed some their pwrs over to the cth entirely (excl)

Question 38

# lesson three what sections outline the areas of lawmaking that Cth parliament are able to legislate on?

Answer 38

- sect 51 & sect 52

Question 39

# lesson three what are all the areas of lawmaking given to Cth parliament referred to as?

Answer 39

- specific pwrs

Question 40

# lesson three what are the subcategories of specific pwrs?

Answer 40

- exclusive pwrs - concurrent pwrs - residual pwrs

Question 41

# lesson three what are exclusive powers?

Answer 41

- areas of lawmk that are given ONLY to the cth to legislate on - these areas are consid sig on a nat lvl --> only cth parl leg on them - states = prev / exclu from leg on these

Question 42

# lesson three what are examples of exclusive powers?

Answer 42

- customs & border protection - currency - foreign affairs - medicare - immigration

Question 43

# lesson three what are concurrent powers?

Answer 43

- lawmk pwrs that the col handed over to the cth h/w x made exclu = shared - states allowed to leg in these areas h/w cth = prevail in areas should incon arise - lawmk pwrs outlined in cth constit which shared by bth cth & st parl

Question 44

# lesson three what are examples of concurrent powers?

Answer 44

- marriage & divorce - taxation - banking - railway - trade & commerce b/w sts of aust

Question 45

# lesson three how are powers exclusive?

Answer 45

- excl by certain sect through stating that 1. the cth is the only body that can make laws in this area 2. or stating that sts = barred from leg in this area

Question 46

# lesson three what is an example of a section preventing states from legislating?

Answer 46

- section 51 (vi) = gives pwr to the cth parl to make laws rel to naval & mili forces - sect 114 = prov that the sts shall not raise naval or mil forces, making this exclusive to the cth parl

Question 47

# lesson three what are residual powers?

Answer 47

- after handing over areas of lawmk --> col (st) wanted to retain some areas of lawm that would be unique to their st - x appear / outlined in the cth constit which are t/f solely lawmk pwrs of st parl = only st parl can make laws in these areas

Question 48

# lesson three what are examples of residual powers?

Answer 48

- crim law - road laws - education - pub transport - med procedure such as IVF - electricity - prisons

Question 49

# lesson three how does the area of law, abortion differ between states?

Answer 49

vic = leg w/ consent up to 24 weeks gestation nsw = leg w/ consent up to 22 weeks gestation

Question 50

# lesson three how does the area of law, driving, differ between states?

Answer 50

- vic = drivers can gain their provisional license after turning 18 whereas in qld at 17

Question 51

# lesson four what does section 109 state?

Answer 51

- written to resolve inconsist. b/w areas of lawmk b/w cth & st - 'when a law of a state is inconsit w/ a law of the cth, the latter shall prevail, & the foremer shall, to the extent of the inconsit, be invalid

Question 52

# lesson four what are the two main ways in which inconstancies over area of lawmaking can occur between cthh & st parliament?

Answer 52

- when cth & st attempt to leg in concurrent areas - when cth & st attempt to leg in their own areas of lawmk & a conflict will arise

Question 53

# lesson four how does the cth & st attempting to legislate in concurrent areas cause inconsistencies to arise?

Answer 53

- since this is a shared area of lawmk, bthh parls can leg & introd valid law - e.g. taxation / marriage / instrastate trade

Question 54

# lesson four how does the cth & st attempting to legislate in their own areas of lawmaking and conflicting arising cause inconsistencies?

Answer 54

- = rare since spec pwrs of the cth & resi pwrs of the st are gen sep from that of one another but, conflict does occur - e.g. McBalin

Question 55

# lesson four how does s109 operate when an inconsistency arise?

Answer 55

- when conflict arises b/w cth & st - s109 means that 1. the cth law will prevail 2. 'to the extent of the inconsistency' 3. st can still make laws on the topic

Question 56

# lesson four what does it mean for s109 to state that the cth law will prevail?

Answer 56

- if an incon arises b/w st & cth leg the timing of each law's creation = irrel = x matter whether the cth or st law was passed 1st. if they conflict w/ one another, the cth law will prevail to te extent of the inconsis

Question 57

# lesson four what does 'to the extent of the inconsistency' mean?

Answer 57

- the words 'to the extent of the incon' are import here. - only the sect of st law that are incon w/ cth law will be dec inval - the rem sect of the st law that = x in conf w/ cth law wil cont to oper

Question 58

# lesson four what does it mean for section 109 to outline that states can still make laws on the topic?

Answer 58

- s109 does x ch the areas of law that st & the cth can leg in - s109 eff = to render inval any sect of st law that is incon w/ cth law - t/f st retain the abil to make laws concurrent lawmk topics they are only lim in some circ whether their st law confl w/ fed laws

Question 59

# lesson four what are the three impacts of s109 on cth & st legislation?

Answer 59

- req a case to be brought forward in the courts for an incon st law to be consid inval - restricts the law-m pwrs of the st - allws st laws prev deemed inval to come into force if the cth law is changed or removed

Question 60

# lesson four what does s109 requiring a case to bbe brought forward in the courts mean?

Answer 60

- s109 only comes into effect when an incon is chall in the approp court - unless a party w/ standing brings the issue to light cth & st leg can co-exist w/ incon

Question 61

# lesson four what does it mean for s109 to restrict the law-making powers of the states?

Answer 61

- s109 can act as a restri on st lawmk pwr - this is b/c if cth has already passed leg in an area of concurr pwrs st x override this - & if st has passed a law in an area of res pwr that conf w/ any cth law the incon elem will be deemed inval

Question 62

# lesson four what does it mean for s109 to allow state laws previously deemed invalid to come into force if the cth law is changed or removed?

Answer 62

- if part of the st law was prev deemed inval & incon w/ cth law & the confl w/ cth was changed or rem so that the incon x longer exists, the incon art of the st leg can come into effect again

Question 63

# lesson seven what are the three recognised factors that influence parliaments lawmaking?

Answer 63

- the bic struct of parlia - int press - rep nat of parl

Question 64

# lesson seven what are the four main ways to outline the influence of a bicameral structure on the lawmaking ability of parliament?

Answer 64

- the comp of the UH - the 'rubber stamp' effect - a hostile senate - sitting days

Question 65

# lesson seven what does the composition of the upper house refer to?

Answer 65

- ref to the no. of seats that are held by sen & from what pol parties they are from

Question 66

# lesson seven what is the balance of power?

Answer 66

- a sit where x single part has maj of seats in one or both houses of parlia. meaning the power to approve / reject bills are held by a small no. of ppl (the crossbenchers)

Question 67

# lesson seven what happens when the government does not hold majority in the upper house?

Answer 67

- it may face diff in implement legislative policy b/c crosb can force govt to make amend to their bills / rej entirely by voting w/ oppos

Question 68

# lesson seven what are the impacts of the composition of the upper house?

Answer 68

- div compo --> govt = neg w/ crosb --> pass bills = more ref of comm views - govt = x maj --> small gr of indep memb to hold a disprop high lvl of pwr compared to the size of their voter base

Question 69

# lesson seven what is an example of government in the upper house negotiating with crossbenchers in order to pass bills?

Answer 69

- late 2022 = govt forced to make amend to its cc laws to appease gr. & gain their votes - memb of gr = thre to block govt reforms unless further meas = intro to protect environ

Question 70

# lesson seven what does a hostile upper house refer to?

Answer 70

- a sit where govt x hold maj in UH --> memb of opp / crosb = delib block / rej initiatives intro. by govt in LH

Question 71

# lesson seven what are impacts of a hostile upper house?

Answer 71

- delays - lack of law reforms being intro by govt

Question 72

# lesson seven when does the rubber stamp effect occur?

Answer 72

when govt holds maj of seats in both LH & UP --> leg can pass through 'rubber stamp' effect

Question 73

# lesson seven what does 'rubber stamp' effect mean?

Answer 73

- meaning bills = x adequ deb & scrut b/c mps from both LH & UH belong to same pol party & more likely to vote ' slong party lines' to show unity rather than to crit chall features of the bill - showing approval w/o adequ checking over smthing

Question 74

# lesson seven what are the benefits of the 'rubber stamp' effect?

Answer 74

- allow leg to effectively & efficiently pass thr parlia w/o delays & the only barrer to govt is passing an ineffect law that may risk them x being re-elect in next election

Question 75

# lesson seven why is te 'rubber stamp' effect negative?

Answer 75

- may be consid detrim as bills may x be adequ deb & lim the rol of UH as a 'house of review'

Question 76

# lesson seven what is the number of sitting days?

Answer 76

- the days in which MPs are req to attend & 'sit' in parlia to consid & deb bills/ polic - also req to part in 'question & answer' time to hold govts accountable - parlia x sit every day - '22 HoR = 64 days & sen = 51 days

Question 77

# lesson seven how does the limited no. of sitting days by both houses influence?

Answer 77

- influ abil to make laws in that it can cause lengthy delays to pass leg

Question 78

# lesson seven what are the strengths of the bicameral structure?

Answer 78

- if parl = only 1 house --> govt could pass leg that aligns solely w/ its pol agenda rather than v & v of constituents. the incl of 2nd house can prev - incl of 2nd house of parl ensu bills are rev & deb to ensu govt of the day x alt the law dram w/o approp scutiny - govt hols a maj in both houses it may be able to pass bills w/ a few barriers from confli parties t/f incr the speed new laws can be passed --> overcome chall posed by lim sitting weeks of parl - UP = govt x maj --> conduct a higher lvl of rev on prop leg assist improv qual of parl law-making

Question 79

# lesson seven what are the limitations of the bicameral structure?

Answer 79

- host upper house = del speed at which bills are passed by parlia - is part stubb MPs hold the bal of pwr in UH they may force the govt to alt bills for spev int that may x rep the v of the broader pop - sit where govt holds a maj in both houses the UH may 'rst' bills & t/f bill undergo little / x consid - the lawmk proc undertaken by parlia which invov passing bills thr bh is gen lengthy & carred out for evry bil

Question 80

# lesson eight what are internation pressures?

Answer 80

- pressures exerted by other countries or advocacy groups influenc on our legislation that originate from outside of Austr via HR, envir or tr/eco org

Question 81

# lesson eight why does australia feel the pressure to respond to international pressures?

Answer 81

- want to be seen as progressive in recognising mod. HR & prot the envir - x want to feel g / sh / embarr on glob scale if we were to breach est protocols on treatment of ppl / ref / envir / animals - want to show partner countries that we share common views & persp on certain issues that affect both countries e.g. immigration / soc welfare / envir prot

Question 82

# lesson eight where does international pressures come from?

Answer 82

- treaties (agreements) aust signed w/ oth countries - int declar - the UN - oth org

Question 83

# lesson eight what are international treaties referred to as?

Answer 83

- conventions = agreement b/w 2 or + countries or organisat from which HR oblig are created - aust = bec party to treaty by signing it which acknow / prom that the country will be bound by terms of the treaty --> ratification

Question 84

# lesson eight define ratification

Answer 84

- the proc whereby the idea of the treaty is introd to Cth parl to be consid = consid more form acknow for aust to be bound by the treaty

Question 85

# lesson eight what happens when parliament agree to a treaty?

Answer 85

- should agree --> bill = drft & go thr proc to rec roy ass - if parl = x rat treaty will x leg eff in aust

Question 86

# lesson eight what is an example of an international treaty and the legislation enacted under australian law?

Answer 86

- int tr = int covenant on civ & pol rights (ICCPR), rat in 1980 - the foll act gives leg eff to oblig aust has under the ICCPR = aust HR commission act 1986 (cth)

Question 87

# lesson eight are international declarations legally binding?

Answer 87

- int dec = non-binding agree b/w 2 or + countries that est aspir rights & oblig that part to the agreement seek to enf - H/W desp x leg bind parl may face int crit for failing to uphold the princ set out in an int dec that it has signed

Question 88

# lesson eight what is the untied nations aim?

Answer 88

- the intergovernmental org aims to prom int eace, str HR & ach int coop for prob affecting glob comm

Question 89

# lesson eight what did the UN found?

Answer 89

- the charter of the UN

Question 90

# lesson eight what does the charter of the UN grant?

Answer 90

- grants it the pwr to act on a broad range of issues - chrter = consid an int treaty & is t/f an instru for int law - aust bound by the UN chter since rat in 1945

Question 91

# lesson eight what is an example of the charter impacting the victorian government?

Answer 91

- after crit vic govt announced would raise the age of crim resp from 10 to 12 by end of 2024 - govt also announced LT aims of raising the age of 14 by 2027

Question 92

# lesson eight what are the strengths of international pressures on parliament making laws?

Answer 92

- int dec = x leg binding --> face crit for failing to uphold princ set out in dec such as the UDoHR - int tr can be leg implemented in aust thr passing bills & succ receiv roy ass - int org (e.g. UN) have pwr to impose sanctions on count for breaching their tr - int org = may = infl in sparking pub int in rel to issues e.g. HR & CC that count fail to uphold --> press on parl to cre / amen laws to ref soc v & int stand --> incr ch re-ele

Question 93

# lesson eight what are the limitations of international pressures on parliament making laws?

Answer 93

- unless aust = mem of int org / rat int tr cth parl under x leg oblig to comply w/ int expect & stan - press from int orgmay lim ability of parl to make laws that = tailored to unique needs & circum of pop - int dec = x leg bind --> parl x face leg conse for failing to uphold princ set in dec - lim mech by which UNMST & int org can enforce compli w int law - int soc may have confli v & opin on certain issues e.g. trans mining corp = profit confl w/ GP = red coal emiss --> parl dec press to ig

Question 94

# lesson nine define representation?

Answer 94

- acting or speaking on behalf of individuals or groups of ppl - parl = sup law making body & t/f has duty to rep int of austr ppl

Question 95

# lesson nine from indicating research who is the average MP?

Answer 95

- male - univ edu - born in aust - turning 45-64 during elect yr

Question 96

# lesson nine how does the representative nature of parliament affect their ability to make laws?

Answer 96

- refl the comm & having div rep - reg elect - the willingness to act in accord w/ views of the maj

Question 97

# lesson nine what are the strengths of the representative nature of parliament?

Answer 97

- reg elect place press on MP's to rep the views of the constituents as fail --> risk of being voted out in next elect = holds them accou to ens they ref the views of their voters rather than other pol int - over rec times = incr no of wom have been elect to parl as bt cth & vic lvls --> clod gen div& impro abil of parl to ref comp of society in its law-mking - comp voting ens large prop of indiv in aust part in elect & that parl are compr of MP's elected by many ppl t/f if MP's truly rep their constit v's l-mking can be ref of maj v & v - rep nat of parl whilst at times may lim the speed at which leg is intro ensu many comm values - consid in the l-mking proc --> imrp qu of l-mking & t/f improve soc

Question 98

# lesson nine what are the weaknesses of the representative nature of parliament

Answer 98

- hist in rel to min cult gr & wom aust parl = exhib long-st disp in rep --> affecting parl abil to fully acc for these demo in l-mking = 23' aust x adequ rep min grs in way = prop to pop of these groups - mem of parl may x vote for law ref in areas where voc min groups agin the law = out of fear of x being re-ele even if law ref is needed to impr soc as whole - MP's may feel compelled to vote w/ their pol party rather than in line w/ des of electroal distr --> red rep of constit v in parl l-mking - to retain voters parl may pass leg to appeal to most soc & gain voters supp as opp to leg for the entire comm - a pol trm of 3 / 4 yrs = x long for prod leg activity & ref to occur = may mean part can make shall elect prom to rem ele whilst nvr actu imple prom law ref

Question 99

# lesson ten what is a check?

Answer 99

- the term 'check' is part of 'ch & bal' when it comes to lmking pwrs - this means ens cth parl x wield ultimate pwr w/o another way to bal/equ out its lmking auth

Question 100

# lesson ten within the constitution what are the three mechanisms that operate to act as a check/balance on cth making powers?

Answer 100

- representative govt - sep of pwrs - express rights

Question 101

# lesson ten what is a representative government?

Answer 101

- the idea the members of parl are democratically elected by austr voters to make decision & laws that refl the v & v of the ppl that voted into pwr

Question 102

# lesson ten how does the consititution ensure a representative government?

Answer 102

- thr sect 7 & sect 24

Question 103

# lesson ten define section 7

Answer 103

- the senate shall be composed of senators for each state, dirct chosen by the ppl of the state

Question 104

# lesson ten define section 24

Answer 104

- the HoR shall be comp of memb directly chosen by the ppl of the cth

Question 105

# lesson ten why is the the role of the high court also a mechanism to check on cth lawking powers?

Answer 105

- constit thr sect 75 & 76 prov the HC as the only court that can inter to words w/n te constit

Question 106

# lesson ten what happens should cth parliament disagree with a high court ruling

Answer 106

- x abrogate this common law dec

Question 107

# lesson ten what happens should cth parliament disagree with a HC ruling over the meaning of the words within the consitution?

Answer 107

- they can init a change to the wording of the consit thro a ref outlined in sect 128

Question 108

# lesson ten what should happen should another party disagree w/ a HC ruling over the meaning of the words w/n the constit?

Answer 108

- must have leg standing & leave to bring the matter of HC - HC judges in susequ case may overrule a prev HC dec since there is x binding prec in the HC

Question 109

# esson ten what is ultra virus?

Answer 109

- parl = acted outside its jurid bound - beyond the pwrs

Question 110

# lesson ten what was the argument presented by Roach in the HC?

Answer 110

- by banning all prisoners from voting - the govt was breaching s7 & s24 of the constitution whereby "all MP's are directly chosen by the ppl" - this implies that cit w/n austr have the democr right to vote --> choose / elect rep

Question 111

# lesson ten what was the rationale behind the HC decision?

Answer 111

- HC agreed w/ R & dec that the EAact was unconst as it did lim s7 & s24 of the consit - amend = rec as the ch dec 'uv' = only prisoners serving 3 yrs & will be banned from voting

Question 112

# lesson ten why is the Roach v Electoral commisioner (2007) significant? what did it affirm?

Answer 112

- this case affirms the press of s7 &s24 in upholding rep govt - the role of the HC is acting as a check on govt & cth lmking purpose

Question 113

# lesson ten what are the strengths of the role of the HC to act as a check on cth parliament?

Answer 113

- HC = dec law / pt of law inval if it brech princ of rep govt & has been made bey the l-mking pwrs of parl - diff in bringing case to HC & est standing to do so ens only rele cases often req HC interp to the constit are brought bef it. - cth parl x disag w/ a HC dec & ovrr its dec thr abrog ens that the HC can act as a true mech of prov ch & bal on pwr of cth parl - HC = indep jud = x subj to the infl of other br of govt

Question 114

# lesson ten what are the weakeness of the HC roe of acting as a check on cth parliament?

Answer 114

- HC only inter consit & dec a law / pt of law inval t/f court x dec law inval as soon as it has been passed by parl meaning inval law may op for sev yrs until a person chall its vali in HC - to bring case to HC = standing - $ & time assoc w/ bringing a case to HC = sig --> decr no. of cases inti in HC --> courts abil to act as check on parli in l-mking lim - HC only prot princ of rep govt rele to facts of case before it --> HC x create laws to further prot rep govt outside the ase

Question 115

# lesson eleven what is the purpose behind the separation of powers?

Answer 115

- prev abuse of pwe by ens pwr is x conc in 1 body - prot indiv rights be ens ch & bal on the pwr of govt - uph indep of the judges to apply law & res disp w/o pol infl - ens govt & parl work together to pass laws

Question 116

# lesson eleven what are the three components to the separation of powers?

Answer 116

- legislative - executive - judiciary

Question 117

# lesson eleven define the legislative

Answer 117

- abil to make the law or make amendments to the law - s1 - cth parl can exerc

Question 118

# lesson eleven define executive

Answer 118

- abil to admin or ens that the law is enacted into the community / implement / put it into place - s61

Question 119

# lesson eleven define judicial

Answer 119

- abil to apply the law the enforce the law - indep ruling on laws - s71 - courts

Question 120

# lesson eleven who has both legislative and executive powers?

Answer 120

- pr min - min - cabinet

Question 121

# lesson eleven what are the strengths of the separation of powers to act as a check on parliament?

Answer 121

- ens there is chk & bal on the pwrs of parl & mini an abu of pwr - indep of jud from pol press & worry of re-ele --> mke dec = leg indep - judic can dec laws cr by parl 'uv' if it has det that it has breached its lmking pwrs in accor w/ consit --> lim scope cth lmking pwrs ens x leg outside scp of its exec & cc pwrs - consiti guara = must be upheld & x be rem w/o succ ref

Question 122

# lesson eleven what are the weaknesses of the separation of powers to act as a check on parliament?

Answer 122

- clear overlap b/w leg & execu pwr which can lim abil of sop princ to comple act as a check on parl - chall a law in HC = mst standing t/f parl laws = inval must t/f rem in force if x one has the standing / fin means to bring a alleg inv law bf court - aust consit ens sop at cth lvl but x guara this st lvl h/w most states have emb the princ int their state consit - comp of MPs from each party w/n HoParl can infl eff of the leg in acting as ch on exec & laws in gen e.g. rsteff

Question 123

# lesson twelve what are the 5 rights for the australian ppl that are entrenched in our constitution?

Answer 123

- right to the acqui of prop on 'just terms' - the right to a trial by jury for cth indic off - right to interst trade & commerce - the right to freedom of religion - the right to no discrimination on state of residence

Question 124

# lesson twelve what does an express right mean?

Answer 124

- written clearly in the consit - x be del / amend by judges or parl - only way to changed = succ ref (s128) - leg enfor = if act cr by parl = infri upon ex rights = chall in HC

Question 125

# lesson twelve what is the right to the acquistion of property on just terms?

Answer 125

- cth has abil to take prop from any st or person for any purp that falls w/n scope of its lmking pwrs - if cth enacts this pwr it must do so in 'jt' to owner = prov fair & reas compen

Question 126

# lesson twelve what is the right to no discrimination based on state of residence?

Answer 126

s117 states that x create or app laws in a discrim manner based upon an indiv st of resid

Question 127

# lesson twelve what is the right to a trial by jury for commonwealth indictable offences?

Answer 127

- s80 all cth ind off must be tried before a jury should the acc plead x guilty

Question 128

# lesson twelve what is the right to freedom of interstate trade and commerce shall be free?

Answer 128

- s92 cth parl & st x restr flow of trade & movement of goods b/w states

Question 129

# lesson twelve what is the right to a freedom of religion?

Answer 129

- s116 cth shall x make laws for est any rel or impo any religious observ or prohib free exer of any rel & x rel test shall be req for qual of any office under cth

Question 130

# lesson twelve what does the freedom of religion mean?

Answer 130

- cth x pass laws the rest reli pract - impose rel on an indiv - prom discrim ag an indiv on basis of their rel

Question 131

# lesson twelve however the freedom of religion does not apply to what?

Answer 131

- x apply to st parl = may pass laws that lim freedom of reli pract - cth can pass laws that req a person to do smth even though it may be contr to their rel

Question 132

# lesson twelve what are the strengths of the ability of express rights to check cth lawmaking powers?

Answer 132

- er = enshr in const & can only be changed thr succ ref --> safegu pres of rights w/n consti - er = fully enf by HC meaning if leg is created the breaches an er an indiv w/ sta can take case to HC where it may be deemed uv - HC is indep of the exec & legisla = pol indep to safegu the right of aust ppl w/o fear of pol backlash w/n party groups

Question 133

# lesson twelve what are the weakness of the ability of express rights to check cth lawmaking powers?

Answer 133

- ex = const = lim = only 5 - x mech for prev parl from pass law that is consti inval or bre er in 1st place --> laws can be est that infr er = enf until case in HC - to chall in HC case must be brought by indiv of st - ref req to add = unlik to add new