AOS 1 - UNIT 4 Flashcards
The roles of the Crown in law-making - MRI
- Making and approving delegated legislation
- Royal assent
- Issuing royal commissions of inquiry
the roles of crown-examples of these roles
- Approve legal rules and regulations
- Signing a bill to become a practiced law
- investigations into matters of public importance e.g. child sex abuse
The roles of the House of Parliament in law-making - RID
- Represent the people
- Initiate, debate, and vote upon proposed laws
- Determine the government
The roles of the Senate in law-making - AIR
- Act as a house of review
- Initiate proposed laws (cannot initiate or amend money bills)
- Represent the states
The roles of the Legislative Assembly - RID
- Represent the people
- Initiate proposed laws
- Determine the government
The roles of the Legislative Council - AI
- Act as a house of review
- Initiate proposed laws (cannot initiate or amend money bills)
List the law-making powers of parliament - x3
- Exclusive powers
- Concurrent powers
- Residual powers
Define exclusive powers
exclusive powers are law-making powers given to the Commonwealth outlined in the constitution
Define concurrent powers
concurrent powers are law-making powers shared between the Commonwealth and states outlined in the constitution
Define residual powers
residual powers are law-making powers not outlined in the constitution which are held by the state
Examples of each division of power
Exclusive powers: defense, immigration, and customs
Concurrent powers: marriage, trade, taxation, and commerce
Residual powers: criminal law, education, and road rules
The significance of Section 109
Section 109 of the constitution is important in the legal system as it provides a way of resolving inconsistencies between state and commonwealth laws which can arise in areas of law-making that are concurrent
Definition of Section 109
Section 109 states that “when a law is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid”
What happens if there is an inconsistency in concurrent laws
- must be challenged in the High Court (give example R v Brislan)
- only the invalid section is removed
What was the accused charge for in the R v Brislan case
The accused was charged under the Wireless Telegraphy Act 1905 (Cth) for having a wireless set without holding a license for it
What did the accused question in the R v Brislan case
The accused questioned the validity of the Act, claiming that the constitution did not give the Commonwealth power to legislate, regarding wireless sets
What was the section in question in the R v Brislan case
Section 51, which gave the Commonwealth the power to legislate over ‘postal, telegraphic, telephonic and other like services’.
- ‘wireless sets’ were not mentioned in the constitution
The decision of the High Court in the R v Brislan case
The High Court interpreted the phrase ‘other like services’ and ruled that this included wireless services because wireless sets fulfilled the same communicative purposes as the other devices listed in section 51.
Impact of the R v Brislan case
The High Court’s ruling extended the meaning of s.51 of the constitution resulting in a shift in the division of law-making powers from the States to the Commonwealth.
Significance of the R v Brislan case
The decision meant that the commonwealth would have the power to make laws regarding wireless sets, meaning that section 109 would apply if any state laws conflicted with any Commonwealth laws in this area of law-making
Factors that affect parliament’s law-making abilities - x3 - ITT
- International pressures
- The bicameral structure of parliament
- The representative nature of parliament
Advantages of a bicameral structure
- The laws passed by parliament are thoroughly scrutinized
Disadvantages of a bicameral structure
- Time consuming
- If the gov. has a majority in both houses, it is possible the Senate will become a ‘rubber stamp’, where there is minimal scrutiny and is passed easily
What are international pressures?
Pressures that come from outside Australia, placed on Parliament - can significantly impact the ability of Australian parliaments to legislate where international agreements and treaties are especially important.
