Topic 1 - Australia and United States Comparison

Question 1

Define constitutionalism.

Answer 1

Constitutionalism is the principle that government power must be limited by a
set of fundamental laws, ensuring rule of law, accountability, and individual
rights.

Question 2

What are key features of constitutionalism?

Answer 2

• Government must operate within constitutional limits.
• Protects against arbitrary rule.
• Requires a clear separation of powers to prevent power concentration.

Question 3

What is exclusive power?

Answer 3

Outlined in S52. Powers only the Commonwealth Parliament can exercise.

Question 4

What is concurrent power?

Answer 4

Outlined in S51. Powers shared between the Commonwealth
and States. If there is conflict,
Commonwealth law prevails (Section 109).

Question 5

What is residual power?

Answer 5

Powers left to the States, not mentioned in the Constitution. This includes health, education, transport.

Question 6

What are the legislative powers of the HoR?

Answer 6

• Initiates and passes most bills
  (especially money bills/supply bills).
• Represents the people (Section
  24 – “Nexus Clause”).
• Forms government (party with
  majority governs).

Question 7

What are legislative powers of the Senate?

Answer 7

• Reviews legislation (“House of
  Review”).
• Represents the states equally
  (Section 7).
• Cannot initiate or amend money
  bills (Section 53).

Question 8

What is the key difference between the HoR and the Senate?

Answer 8

HoR is based on population, while the Senate ensures state equality.

Question 9

What is responsible government?