16.2 Flashcards
define constitution
a document the oulines the rules and princlples tha guide the way an organistion state or nation for goverment
identify why the federal australian colonies agreed to becomes a united australian constitution
Tho each state and territory each had the power to make laws foe the residents while being the authority of the biritch parliament, by the late 1800s, problems began to arise dus to lack of consistent laws beteen the clonies ( ex the bunnies problem how OLD was allowed to kill while VIC isnt allowed). AND after approved by the voter in each colonies, aus formed a federation on 1 jan 1901.
summarise the three main purposes of the australian const.
The conts had the power to make lwas that apply to the entire country.
-> they created and oulinted the law-making powers i f the common wealth parlirament
-> created the high court of australia to resolve disputes over the meaing of the const
->outlined and protected a small number of rights of the aussie pppl.
summ arise the relationship between the aus conts and high court
The Australian Constitution and the High Court work together to shape the law. The Constitution outlines the structure of government and sets rules about how power is divided. The High Court’s job is to interpret these rules and decide what the Constitution means in real-life situations. When people disagree about what the Constitution allows, the High Court steps in to settle the issue. Through its decisions, the High Court helps keep laws in line with the Constitution and makes sure government power is used fairly.
what are specific powers and residual powers?
Specific powers are ares in which the coommonwealth parliament has the power to make law, eg. defence, currency, health, marriage and diforce
Residual powers areas in which only the state parliament can make law, eg law and order, education, health , and public terasport.
jus know
sometimes the state power can win. if there is a disagreement between the two, it goes to the high courts tho moslty the federeal can win.
What the are specuic powers?
EXCLUSIVE power are those specific ares of law making power in whcih only the common wealth parliament can make law. eg currency and defence
CONCURRENT power are those in speicf areas of law-making power that are shared buy both the coomnonwealth ad astate parliaments. eg, taxation
Explain the difference between express rights and implied rights
The aus conts protects the right of aussies in two main ways :
Express rights are clearly written in the Australian Constitution, like the right to freedom of religion and the right to vote, making them easy to identify and apply. can only be removed with a referendum.
Implied rights, however, aren’t directly stated; they are interpreted by the High Court as being suggested by the Constitution’s principles, such as the implied right to freedom of political communication.
