Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Studies Unit 3&4 > AOS 1 - UNIT 4 > Flashcards

AOS 1 - UNIT 4 Flashcards

1
Q

The roles of the Crown in law-making - MRI

A
  • Making and approving delegated legislation
  • Royal assent
  • Issuing royal commissions of inquiry
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

the roles of crown-examples of these roles

A
  • Approve legal rules and regulations
  • Signing a bill to become a practiced law
  • investigations into matters of public importance e.g. child sex abuse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The roles of the House of Parliament in law-making - RID

A
  • Represent the people
  • Initiate, debate, and vote upon proposed laws
  • Determine the government
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The roles of the Senate in law-making - AIR

A
  • Act as a house of review
  • Initiate proposed laws (cannot initiate or amend money bills)
  • Represent the states
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The roles of the Legislative Assembly - RID

A
  • Represent the people
  • Initiate proposed laws
  • Determine the government
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The roles of the Legislative Council - AI

A
  • Act as a house of review
  • Initiate proposed laws (cannot initiate or amend money bills)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

List the law-making powers of parliament - x3

A
  • Exclusive powers
  • Concurrent powers
  • Residual powers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define exclusive powers

A

exclusive powers are law-making powers given to the Commonwealth outlined in the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Define concurrent powers

A

concurrent powers are law-making powers shared between the Commonwealth and states outlined in the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define residual powers

A

residual powers are law-making powers not outlined in the constitution which are held by the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Examples of each division of power

A

Exclusive powers: defense, immigration, and customs
Concurrent powers: marriage, trade, taxation, and commerce
Residual powers: criminal law, education, and road rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The significance of Section 109

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Definition of Section 109

A

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”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What happens if there is an inconsistency in concurrent laws

A
  • must be challenged in the High Court (give example R v Brislan)
  • only the invalid section is removed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What was the accused charge for in the R v Brislan case

A

The accused was charged under the Wireless Telegraphy Act 1905 (Cth) for having a wireless set without holding a license for it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What did the accused question in the R v Brislan case

A

The accused questioned the validity of the Act, claiming that the constitution did not give the Commonwealth power to legislate, regarding wireless sets

15
Q

What was the section in question in the R v Brislan case

A

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
16
Q

The decision of the High Court in the R v Brislan case

A

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.

17
Q

Impact of the R v Brislan case

A

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.

18
Q

Significance of the R v Brislan case

A

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

19
Q

Factors that affect parliament’s law-making abilities - x3 - ITT

A
  • International pressures
  • The bicameral structure of parliament
  • The representative nature of parliament
20
Q

Advantages of a bicameral structure

A
  • The laws passed by parliament are thoroughly scrutinized
21
Q

Disadvantages of a bicameral structure

A
  • 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
22
Q

What are international pressures?

A

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.

23
Q

What are the 6 constitutional restrictions on parliament

A
  • Guarantee of state power
  • Freedom of religion
  • Preference
  • Free trade
  • Acquiring property
  • Changing the constitution
24
Q

Why is the High Court Important

A

The High Court and its role in interpreting the constitution is beneficial, as it allows the High Court to invalidate a law passed by a Commonwealth or State parliament which the said parliament did not have the constitutional law-making power to enact

25
Q

Disadvantage of the High Court

A

The High Court can only interpret the Constitution and thereby check upon the laws when a relevant case is brought before it.

So by the time the High Court invalidates a law that is unconstitutional, it generally has already been enacted

26
Q

The separation of powers - x3 - JEL

A
  • Judicial power
  • Executive power
  • Legislative power
27
Q

Define executive power

A

the power to administer laws (and create policy) - held by the government

28
Q

Define legislative power

A

The power to make and amend laws - resides with the Commonwealth Parliament

29
Q

Define judicial power

A

the power to apply and interpret the law - vested in the High Court

30
Q

Advantages of the separation of powers

A

Ensures that no one body has absolute power over all functions of the legal system, safeguarding Australia from misuse of political power and corruption

results in respective powers scrutinizing the activities of each other

31
Q

Disadvantages of the separation of powers

A

the operation of the separation of powers is not perfect in Australia, as there is some crossover

therefore we do not have complete separation in the parliamentary system

32
Q

What are the express rights outlined in the constitution - RAFFF

A
  • Right to trial by jury
  • Acquisition of property on just terms
  • Freedom of religion
  • Freedom of interstate trade and commerce/ freedom of interstate movement
  • Freedom from discrimination on the basis of state

Legal Studies Unit 3&4 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions