U4 AO2 1a lesson 13: constitution as check on cwth parli

Question 1

purpose of separation of powers: judiciary

Answer 1

*To uphold the independence of the judiciary to apply the law and resolve disputes without political influence

Question 2

purpose of separation of powers: abuse of power

Answer 2

• To prevent abuses of power by ensuring that power is not concentrated in one body

Question 3

legislative branch

Answer 3

The power vested in parliament
that enables it to make and amend laws

Question 4

legislative branch sec of constitution

Answer 4

sec 1

Question 5

legislative branch composition

Answer 5

cwth parli:
HOR
senate
GG

Question 6

executive branch

Answer 6

this refers to the ability to administer or ensure that the law is enacted into the community through the govt

Question 7

executive branch sec of constitution

Answer 7

sec 61

Question 8

executive branch composition

Answer 8

GG
PM
senior minister
govt departments

Question 9

executive branch example

Answer 9

department of foreign affairs

Question 10

judiciary branch

Answer 10

this refers to the ability for courts and tribunals to apply and enforce the law to resolve legal matters

Question 11

judiciary branch con sec

Answer 11

sec 71

Question 12

judiciary branch examples

Answer 12

justice, magistrate, judges

tribunal

Question 13

strength of SOP: leg branch

Answer 13

• The legislative branch can act as a check on the power of the executive as bill introduced by members of the executive may still be scrutinised and not passed if parliament does not agree with its purpose

Question 14

strength of SOP: ultra vires

Answer 14

• The judiciary can declare laws created by parliament ‘ultra vires if it has determined that it has breached its lawmaking powers in accordance with the Constitution. This limits the scope of Cth lawmaking powers ensuring it cannot legislate outside the scope of its executive and concurrent powers

Question 15

strength of SOP : constitution

Answer 15

The separation of powers is constitutionally guaranteed, meaning that it must be upheld and cannot
be removed without a successful referendum.

Question 16

weakness of SOP: overlap btwn leg + exec

Answer 16

• There is clear overlap between the legislative and executive power which can limit the ability of the separation of powers principle to completely act as a check on parliament

Question 17

weakness of SOP: state level

Answer 17

The Australian Constitution ensures the separation of powers at the Commonwealth level but does not guarantee this at State level. However, most states have embedded this principle into their state constitution

Question 18

weakness of SOP: composition oh houses

Answer 18

The composition of MPs from each party within the House of Parliament can influence the effectiveness
of the legislative in acting as a check on executive and laws in general.

For example, where the government holds a majority in both Houses, the bills introduced by members of the executive may not be challenged sufficiently by members of the legislature, resulting in less scrutiny and debate