Week 7 Lecture

Question 1

What are the four separation of power in government?

Answer 1

Legislature, executive, judiciary and integrity.

Question 2

What does the legislature part of power do in government?

Answer 2

Makes law.

Question 3

What does the executive part of power do in government?

Answer 3

Administers law.

Question 4

What does the judiciary part of power do in government?

Answer 4

Interprets law.

Question 5

What does the integrity part of law do in government?

Answer 5

Oversight.

Question 6

What is the constitutional requirement for ministers to be members of parliament?

Answer 6

S64 Constitution (Cth)
S23 Constitution (Qld)
Executive accountable to Parliament; accountable to the Electorate
Governor is part of Parliament

Question 7

Is the governor part of parliament?

Answer 7

Yes

Question 8

Why is the governor responsible to the people?

Answer 8

Governor required to act on the advice of the Ministers

Crown, therefore, accountable to the people

Question 9

When did the Commonwealth of Australia Constitution Act 1900 (Imp)?

Answer 9

Came into force on 1 January 1901 creating a Federation

Question 10

What rules does the constitution provide?

Answer 10

Basic rules for government.

Question 11

What does the constitution bind?

Answer 11

All parliament and citizens.

Question 12

What are residual powers?

Answer 12

Basically, anything that is not otherwise expressed as an exclusive or concurrent power is a residual power

Question 13

Is there a bill of rights in the Australian Constitution?

Answer 13

No.

Question 14

Where are some express rights?

Answer 14

Acquisition of property by Govt (Cth) on just terms
S51(xxxi)
Trial by jury for indictable Cth offences
S80
Freedom of religion
S116

Question 15

What are implied rights in Australia?

Answer 15

Freedom of political communication

Right to vote

Question 16

What is freedom of political communication under?

Answer 16

Lange v ABC (1997) 189 CLR 520

Question 17

What is the right to vote in Australia under?

Answer 17

Roach v Australian Electoral Commissioner (2007) 233 CLR 162

Question 18

Under what section of the constitution provides a mechanism to change the constitution?

Answer 18

S128 Cth Constitution provides a mechanism to change the Constitution

Question 19

What does a referendum require?

Answer 19

Legislation passed by a majority in both houses of Parliament
Passed by the majority of voters in a majority of States
Receive Royal Assent

Question 20

How many referendums have their been since 1900?

Answer 20

There have been 44 referenda since 1900.

Question 21

How referendums in Australia have succeeded?

Answer 21

Not many.

Question 22

Are state constitutions uninformed in word or content?

Answer 22

No.

Question 23

When were state constitutions originally sourced?

Answer 23

Originally sourced in the 19th century, normally with more recent editions

Question 24

What do all state constitutions establish?

Answer 24

Legislature
Executive
Timing and nature of elections & representation
Terms of office

Question 25

What do most state constitutions include?

Answer 25

MOST include provisions for the judiciary

Question 26

What are terrorties?

Answer 26

Regions under Australian control but are not States

Question 27

What are examples of terrorities?

Answer 27

Northern Territory Australian Capital Territory Norfolk Island Christmas Island

Question 28

Who has the power to make laws for the terrorities?

Answer 28

Commonwealth Parliament has the power to make laws for the Territories (s 122 of the Constitution) Commonwealth can make laws on any subject

Question 29

Under what section of the constitution can the commonwealth parliament make laws for terrorities?

Answer 29

s 122

Question 30

Who is the embodiment of executive power?

Answer 30

The Monarch is the embodiment of executive power (the “Crown”) s62

Question 31

Under what section of the constitution is the monarch the embodiment of execuetive power?

Answer 31

s 61

Question 32

HOWEVER, there is a requirement to act on the advice of Ministers, who form an executive council

Answer 32

s 62

Question 33

What does the ombudsman allow?

Answer 33

Allows for a decision of the Executive to be challenged | Established by legislation.

Question 34

What does the ombudsman investigate?

Answer 34

Investigates complaints about administrative actions and decisions

Question 35

What legislation are the ombudsman established by?

Answer 35

Ombudsman Act 1976 (Cth) | Ombudsman Act 2001 (Qld)

Question 36

What is the jurisidication of the ombudsman outlined by?

Answer 36

Statue.

Question 37

What does freedom of information allow?

Answer 37

Allows an individual to obtain documentation relating to a government decision.

Question 38

What does freedom of information provide?

Answer 38

Accountability and transparency

Question 39

Where is legislation for freedom of information?

Answer 39

Commonwealth, State and Territory level

Question 40

What are tribunals an alternative to?

Answer 40

Administrative alternatives to court

Question 41

Why are tribunals a alternative to the courts?

Answer 41

Cheaper, less formal, more efficient, more specialised

Question 42

What do tribunals derive their power from?

Answer 42

Legislation.

Question 43

What do tribunals provide?

Answer 43

State and Commonwealth Tribunals