U4: AOS1 (People + Constitution) Flashcards Preview

VCE Legal Studies > U4: AOS1 (People + Constitution) > Flashcards

Flashcards in U4: AOS1 (People + Constitution) Deck (22)
Loading flashcards...
1

1) Who is the Governor-General?
2) What is their role?

1) Representative of the Monarch (Queen Elizabeth) in Australia on a federal level - Peter Cosgrove

2)
- Provide Royal Assent (Queen's signature) to bills
- Act on advice of Prime Minister
- Generally uphold the presence of the Queen

2

1) What is the Senate?
2) What is its role?

1) The Upper House of the Commonwealth parliament (has 76 senators)

2)
- Give equal representation for each state (avoid undermining less populated states)
- Provide responsible government (ensure government is not abusing legislative power)
- Initiate bills
- Review bills made in the HOR

3

1) What is the House of Representatives?
2) What is its role?

1) The Lower House of the Commonwealth parliament (has 150 members)

2)
- Forms government (party w/ most seats)
- Initiates most bills
- Upholds representative and responsible government (represents each area according to size)

4

1) What is the Legislative Council?
2) What is its role?

1) The Upper House of state parliaments (has 40 members)

2)
- Reviews proposed laws
- Provides responsible/representative government
- Represents 8 state regions

5

1) What is the Legislative Assembly?
2) What is its role?

1) The Lower House of state parliaments (has 88 members)

2)
- Forms state government
- Represents areas in proportion
- Proposes laws

6

1) Who is the Governor?
2) What is their role?

1) Representative of monarch (Queen Elizabeth) in Australia on a state level - Linda Dessau

2)
- Appoints ministers
- Dissolves parliament
- Grants pardons

7

1) What are Exclusive powers?
2) What are some examples?

1) Law-making powers which can only be exercised by the Commonwealth parliament

2)
- Prohibits states from raising individual military
- Prohibits states from minting individual currency
- Imposes customs/excise duties

8

1) What are Residual powers?
2) What are some examples?

1) Law-making powers which can only be exercised by states

2)
- Education
- Housing
- Transport
- Public health

9

1) What are Concurrent powers?
2) What are some examples?

1) Law-making powers which can only be exercised by both the Commonwealth parliament and state parliaments

2)
- Taxation
- Marriage/divorce
- International trade/commerce
- Postal/telegraphic/telephonic services

10

1) What is section 109 of the Constitution?
2) Example

1) Section which enforces that when a law of a State is inconsistent/conflicts with a law of the Commonwealth, the Commonwealth prevails, with the State law being invalid.

2) McBain v. VIC
- McBain's client was rejected IVF as VIC law restricted single women from treatment
- McBain challenged this with the Commonwealth Sex Discrimination Act
- Commonwealth law prevailed over VIC law

11

How does the Bicameral structure of the Commonwealth Parliament act as a check on parliament?

Senate acts as a house of review on the lower house/federal government.

12

How does the Separation of Powers act as a check on parliament?

- Divides powers of Judicial, Executive, Legislative
- Division avoids abuse of power
- Each arm acts as check and balance on the others

13

How do Express protection of Rights (rights in Const.) act as a check on parliament?

- Prohibits Commonwealth from exercising certain powers and protects the rights of individuals.
- eg. s116 (freedom of religion)

14

How does the High Court's interpretation of the Const. act as a check on parliament?

- Ensures laws are applicable and relevant with modern society
- Allows for consistency/fairness
- Establishes precedent

15

How does the requirement of a double majority in a Referendum act as a check on parliament?

- Ensures decision is consistent and equal
- Ensures decision is made by Australian people, not parliament
- Represents interests of people over government

16

1) Which referendum has changed the Australian Constitution?
2) What was its effect?

1) 1967 Indigenous Australians Referendum

2)
- Enabled Aboriginals to vote (s127)
- Ensured the government could legislate over Aboriginals (s51)

17

1) What are sections 7 and 24 of the Constitution?

2) Which High Court case has had an impact on interpreting sections 7 and 24 of the Constitution?

3) Discuss how it achieved this.

1)
s7: Outlines that the Senate will be comprise of Senators chosen by the people.
s24: Outlines that the House of Reps will be chosen by the people, and details how many/election process

2) Roach v Electoral Commission [2007]

3)
- Roach challenged amendment which stated prisoners serving any prison length could not vote
- Amendment found to be unconstitutional (inconsistent with representative government)

18

1) Which High Court case has had an impact on the division of constitutional law-making powers?

2) Case facts

3) Outcome

1) Brislan Case 1935

2)
- Australians had to have a license to own a radio
- Brisan faced criminal charges for not having license
- Challenged that a radio was not a 'postal, telegraphic and like services' (s51) for which a license must be had, and therefore did not need a license for the radio

3)
- Radio was deemed a 'like service' and Brislan lost
- Commonwealth given the power to legislate on any 'new technology communication'
- What was a concurrent power 'postal, telegraphic', became an exclusive power (Commonwealth expanded power over States)

19

What is the External Affairs power?

Commonwealth has the power to legislate on affairs involving relations with international countries.

20

What are International Declarations?

A commitment by countries on matters of international concerns (eg. Declaration of Human Rights)

21

What are International Treaties?

Agreement between two or more countries which outlines their political, economic or other obligations to each other.

22

1) Which case shows the impact of international declarations/international treaties on the External Affairs power?

2) Case facts

3) Outcome

1) Tasmania Dam case 1983

2)
- Tasmania government wanted to build a dam on a world heritage site
- Commonwealth did not allow them as they had an obligation to fulfill the international declaration of protecting world heritage sites

3)
- Tasmanian government unable to build dam
- Showed how Commonwealth's international obligations enabled them to make continental overrulings
- Balance of power tilted to Commonwealth (took away from states)