Unit 4 Outcome 1

Question 1

What is the constitution
when was it made

Answer 1

Set of rules according to which a state or other organisation is governed.
1901

Question 2

Roles of constitution 4

Answer 2

• Provide legal framework for structure of parliament (house of reps and senate)
• Separation of powers
• Establishing law making powers commonwealth has
• Distributes law making powers between states and commonwealth

Question 3

What is a bi cameral parliament

Answer 3

A parliament with two houses

Question 4

Role of parliament

Answer 4

Make law

Question 5

Stages of a bill
11

Answer 5

First reading
Second reading
Consideration in detail
Third reading
Bill passes first house
Same procedure for second house
Bill passes second house
Royal assent
Proclamation
Bill becomes a law

Question 6

Structure of commonwealth parliament
3

Answer 6

The crown
House of reps (lower)
Senate (upper)

Question 7

House of reps

Answer 7

The lower house
151 seats, party with 76 seats wins gov
Cabinet makes policy’s and decide on laws needed to be changed

Question 8

Role of house of reps
3

Answer 8

Initiate laws- In order for bill to pass to next house, majority members have to vote for it to pass first house
Determine gov
Provide for responsible and representative gov

Question 9

Senate

Answer 9

Upper house
76 elected members
Each state 12 reps
House of review

Question 10

Role of senate
3

Answer 10

Act as house of review
Initiate and pass bills
Ensure responsible gov

Question 11

The crown
3 roles

Answer 11

Appoints governor general
Gov general - david hurley

Grant royal assent
Suggest amendments to legislation
Appoint times for holding parliament

Question 12

Structure of the VIC parliament

Answer 12

Legislative assembly - lower
Legislative council - upper

Question 13

Legislative assembly

Answer 13

Lower
88 seats
Leader = premier

Question 14

Role of legislative assembly

Answer 14

Initiate and pass laws
Form gov
Provide for representative gov

Question 15

Legislative council

Answer 15

Upper
40 seats

Question 16

Role of legislative council

Answer 16

Review laws
Examine bills through committees
Represent interests of regions

Question 17

Division of powers - Residual

1 example

Answer 17

Laws not mentioned in constitution so are left to states
Eg. crime or education

Question 18

Division of powers - Specific

example for each

Answer 18

Exclusive - only cth can make
eg. foreign affairs
Concurrent - both cth and states can make
eg. taxation

Question 19

3 strengths and weaknesses of a bi cameral parliament

Answer 19

Allows for review of legislation but the government controls upper house so review isn’t no as affective

Provided for in constitution so cannot be easily changed but it does not apply to state parliaments

Should safe guard interests of the states however often does not because member likely vote with their party

Question 20

Separation of powers.

Answer 20

Legislature - makes laws (house of reps and state)
Executive - administers laws (crown/parliament)
Judicial power - applies laws (high court)

Question 21

Reasons for separation of powers
2

Answer 21

Prevents power being placed in one body
Allows for check and balance

Question 22

3 strengths and 4 weaknesses of separation of powers

Answer 22

• Keeps parliament within law making powers but judge is appointed by the executive creating an overlap so judge is not really independent
• limits ability of corruption but the lower house is controlled by gov (making legislature and executive the same)
• It is entrenched in the constitution so can only be removed with referendum
• ministers both administer and make law eg. health

Question 23

Referendum

Answer 23

• To change the wording of the Constitution Section 128 states there must be a referendum
• Only achieved through a double majority vote
• The actual wording of the proposed change must be voted on and then it appears in the Constitution. It can result in words being deleted or inserted into the Constitution
• This is a restriction on Parliament because it means that Parliament cannot alter the Constitution without going to the people. So they cannot increase its powers without getting the people to agree.
  8/45 successful referendums

Question 24

3 strengths and weaknesses of referendums and double majority vote

Answer 24

Ensures Parliament cannot make dangerous changes to the Constitution without the say of the people, but people may not understand.
Protects smaller states from being overpowered by larger states but it is expensive
Voting is compulsory which ensures representation but may result in undemocratic results.

Question 25

5 express rights

Answer 25

Freedom of religion Free interstate trade and commerce Not to be discriminated against on basis of state you reside Receive just terms if your property is acquired by the government Trial by jury for indictable commonwealth offences

Question 26

5 sections to know in the consitution

Answer 26

Section 7 - The Senate: The Senate shall be composed of senators for each State, directly chosen by the people of the State. Section 24 - House of Representatives: The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be twice the number of the senators. Section 51 - Lists the areas in which the Australian Parliament can make laws Section 109 - Inconsistency: When a law of a State is inconsistent with a law of the commonwealth, the latter shall prevail and the former shall to the extent of inconsistency be invalid. Section 128 - Referendum: The constitution can be changed in a process called a referendum.

Question 27

3 strengths and weaknesses of express rights

Answer 27

- Entrenched and therefore difficult to change but there are only 5 which is limited. - Clearly written in the constitution but an entrenched bill would be more of a protection. - Parliament abilities are limited but if they make a change that is ultra tires, high court must wait until a person comes before them that is standing

Question 28

role of high court in interpreting the constitution 3 | 1 example case

Answer 28

Guardian of the constitution Acts as a check on Parliaments Gives meaning to/interpret words(political advertising case/roach)

Question 29

what is a treaty what is a declaration

Answer 29

Treaties: Binding (in international law) agreement between counties. Binding in Australia law after made into legislation. Makes a promise to uphold something Declaration: Non-binding agreement between countries which sets out what countries aspire to achieve.

Question 30

what is the external affairs power | section and example case

Answer 30

section 51(39) external affairs power The Commonwealth can legislate in areas traditionally thought to be residual powers if there is an international treaty. tasmanian dams case

Question 31

impact of high courts interpretation of external affairs power 3

Answer 31

Increased power of commonwealth into areas of law which were traditionally residual Allows commonwealth to address global concerns It can be used for matters external to Australia without a treaty.

Question 32

limits of external affairs power 3

Answer 32

Law must be within scope of what is intended by the treaty Must be a bona fide agreement (must have purpose) Cannot interfere with express rights

Question 33

roach case interpretation of section 7 and 24

Answer 33

- In this case Vicki Roach was ineligible to vote in the Federal election because of a law that was passed by the Commonwealth indicating that all prisoners currently serving a sentence were ineligible to vote in the Federal election. - The High Court interpreted Section 7 and 24 as including a structural protection that in order to ensure the Houses of Parliament are chosen by the people, people must have a right to vote. - Because of this the High Court protected the Australian people and the Constitution, as it DECLARED INVALID LEGISLATION THAT BREACHED THE CONSTITUTION

Question 34

brislan case - division of law making powers

Answer 34

- Brislan was charged with not having a licence for her radio. (wireless telegraphy act) - Brislan challenged the act on basis that its not mentioned in section 51 so commonwealth did not have power to make the law - High court interpreted the piece of section 51 and stated that “other like services” included radios. - This resulted in a shift in the division of lawmaking powers from the states to the commonwealth - increased the power of the Commonwealth at the expense of the States. - takes a power thought to be residual and makes it concurrent.

Question 35

2 referendum cases

Answer 35

1999 Referendum Should Australia become a republic or not? Did not pass with a majority vote - it was not well understood and people wanted a direct say in the voting of the president. Voting “No” made a check on Parliament in its power and it was enhanced in our political system as it reflected the people's decisions, not the government. Referendum 1967 When the Constitution was written it denied the Commonwealth the power to legislate for Indigenous people or to include them in the National Census. This referendum was successful and gave power to the Commonwealth making power in relation to indigenous people concurrent.

Question 36

Double majority

Answer 36

Majority of whole Australia Majority of voters in majority states 4/6

Question 37

what is precedent 2 types

Answer 37

a statement of law mde by the judeg giving reasons for decision binding: precedent that must be followed persuasive: A decision in another court that is not binding, but it is relevant to the case and an important statement of law.