1.2 Sources of Contemporary Law - The Constitution Flashcards
when was the Australian Constitution made, and what does it outline?
established 1901 → outlines legal framework & rules applying to Australia
what rules/procedures relating to Australia and how it is to be governed does the Constitution set out?
establishment of Federal parliament (legislature), division of powers between federal & state govt., separation of powers, the high court
what does Section 5, Section 7, Section 106, and Section 128 of the Constitution outline?
Section 51: powers given to federal parliaments, Section 71: High court power, Section 106: state powers, Section 128: change in constitution (referendums)
how can the Australian Constitution be amended?
referendum only way, all citizens enrolled to vote (18+) on questions concerning modification to the Constitution
what is the process of a referendum?
must start as a bill → absolute majority (50% +1) of members in House of Reps must vote FOR bill. only passed if majority voters across nation & across majority states (NT & ACT not included in state vote) approve the change → ‘double majority’
what is a plebiscite?
national vote not affecting Constitution
what case study(s) and media article relate to the amendment of the Australian Constitution?
Mabo v Queensland (no.1) (1988); Mabo v Queensland (no.2) (1992); “How the Mabo decision changed Australia 30 years on”, 9News, 2022
what did the Mabo v Queensland (no.1) (1988) case find?
found that the Queensland Island Declaratory Act 1985 was invalid due to a conflict with the Racial Discrimination Act 1975. (federal law overrules state law)
what did the Mabo v Queensland (no.2) (1992) case recognise/find?
recognised the existence of Native Title in Australia, and the traditional rights of the Meriam people to their islands in Eastern Torres Strait (6:1)
what Act did the Mabo v Queensland (no.2) (1992) establish?
the Native Title Act 1993 (Cth) → framework under native title claims can be contested.
in 1992, when the High Court handed down Mabo decision, what did this overturn?
overturned ‘terra nullius’, a 200-year law used to deprive Indigenous Australians of their land, meaning that Indigenous Australians had the right to make legal claims on land
what does the outcome of the Mabo v Queensland (no.2) (1992) reflect about society?
reflects societies values and acceptance of Aboriginal Peoples being the original owners of Australia; all peoples treated fairly under the law, given equal rights and freedoms
what is the division of powers?
powers that the federal/commonwealth & state parliaments share, covered under Section 51 of the constitution
what/who are exclusive powers used by?
only used by Federal Parliament (e.g. immigration, currency)
what/who do residual powers belong to?
belong to states (e.g. roads, health)
