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Legal 3/4 > AOS 2 > Flashcards

AOS 2 Flashcards

1
Q

What does S106 relate to?

A

The constitution of each state of the commonwealth shall continue until altered

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2
Q

What does S107 refer to?

A

Every power of the state shall continue unless exclusively given to the commonwealth or removed from the states

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3
Q

What does S108 refer to?

A

Every law in force in the states shall remain in force until altered

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4
Q

What does S121 refer to?

A

The establishment of new states

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5
Q

What does S51 refer to in the constitution?

A

The Legislative Powers of the Parliaments of the nation

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6
Q

What does S71 refer to?

A

The High Courts Power and their jurisdiction

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7
Q

What does S109 provide for?

A

Provides a mechanism for resolving of conflict in regards to inconsistencies between state and commonwealth legislation

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8
Q

What does S114 refer to?

A

Raising military forces by the states and that only the commonwealth may raise military forces

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9
Q

What does S115 refer to?

A

Coining Money and that it is a power that only the commonwealth holds

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10
Q

What does S90 refer to?

A

Customs and Border Protection is a power only held by the commonwealth

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11
Q

What does S92 refer to?

A

Trade within the commonwealth must be free

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12
Q

What do sections 106,107 and 108 guarantee?

A

The states power, that lies with only them

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13
Q

What is key about S116?

A

S116 holds the right to freedom of religion and faith

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14
Q

What right is held within S117?

A

Rights of Residents in states

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15
Q

What injustice is outlawed in S99?

A

Preference of one state over others by the federal government

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16
Q

What is outlined in S128 of the constitution?

A

Changing the Constitution via the referendum mechanism

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17
Q

What are some factors that would slow a referendum’s path to success?

A
  • Double majority provision; A diverse range of people must be satisfied by the changes propsed
  • Timing; due to the timing of referendums with elections, this can cause some people to “turn off” and vote “no” because it is the easier option
  • Bi-Partisan Support or lack there of; people are more likely to vote on the lines of their party’s support therefore if the two parties disagree on an issue, the votes will be split and most likely will not pass the double majority
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18
Q

Under S76, what does the HCA have the power to do?

A

Interpret the words of the constitution in a case that does not follow past decisions handed down by courts or that is outlined in the constitution

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19
Q

Does the HCA change the words?

A

No, they change the meaning of the words based off current topics in society that are presented before the court

20
Q

What does the Bill of Rights do?

A

The Bill of Rights sets out individual democratic and human rights

21
Q

What are Concurrent Powers?

A

Concurrent powers are powers that are listed in the constitution and are held by both the state and commonwealth parliaments

22
Q

What is the division of powers?

A

The division of powers is how parliaments are given their jurisdiction(s) via the constitution

23
Q

What is the constitution?

A

The Commonwealth of Australia Constitution Act 1900 (UK) which came into force Jan 1, 1901

A set of rules and principles that guide the way that the nation is governed

24
Q

What are exclusive powers?

A

Exclusive powers are powers given to the commonwealth and only the commonwealth in the constitution

25
Q

When was federation?

A

1901 Jan 1

26
Q

What are heads of power?

A

The areas and leaders of law making power in S51

27
Q

What is the referral of power?

A

The giving or receiving of a law maker power from a state to the commonwealth parliament

28
Q

What are residual powers?

A

Powers not listed in the constitution that are left to the responsibility of the state governments

29
Q

When did the Australia Act (UK) come into action?

A

Jan 1 1901

30
Q

What is the purpose of the constitution?

A

It sets out the structure and operation of the Senate and House of Representatives
It establishes the Federal Government and the Commonwealth Parliament
Under S71, it sets out the High Court of Australia as the final court of appeal in Australia

31
Q

Under what section(s) of the constitution are the division of law making powers laid out?

A

S 51&52

32
Q

What are the two powers that are listed in the constitution separated into?

A

Concurrent and Exclusive Power

33
Q

What is an Exclusive Power?

A

A power that only the commonwealth holds. This can be prohibited by the states (Military Forces) or exclusive by nature (Border Protection)

34
Q

What are Concurrent Powers?

A

Powers that are held by both state and federal governments

35
Q

What if there is an inconsistency between State and Federal Concurrent Laws?

A

Under S109, to the extent of the inconsistency, the commonwealth law shall prevail as per the Tasmanian dams case

36
Q

What are residual powers?

A

Residual powers are any powers that are not listed in the constitution in any section

37
Q

What is the bill of rights?

A

A document that sets out individual democratic and human rights

38
Q

What is federation?

A

The unionisation of separate colonies into one nation

39
Q

What are some factors that are likely to affect the outcome of a referendum?

A

Timing; As referendums are generally held at the same time as elections, people are more focussed on the now of selecting a leader than changing the constitution and are more likely to vote no.

Bi-Partisan Support; If both major parties support a change in the constitution, the public are more likely to vote yes

The amount of information provided to voters;

  • Too much = Overwhelmed
  • Too little = Disinterest
40
Q

What does the high court have to do with the constitution?

A

The High Court has the ability under S76 to interpret the words of the constitution and change their meaning. However, they cannot change the words, merely the meaning of them

The High Court is the protector of the constitution

41
Q

What are the main purposes of the constitution?

A

Sets up the structure and function of parliament, Sets up the HCA and it’s role, Gives power to the Commonwealth government

42
Q

True or false; the HCA changes the words of the constitution

A

False. The HCA interprets the words in the constitution and gives them meaning to expand or contract their original meaning in the eyes of the law

43
Q

What are concurrent laws?

A

Laws that are held by both the state and federal governments

44
Q

What section of the constitution amends concurrent laws when there is an inconsistency between state and federal laws?

A

S109

45
Q

What are two steps to the referendum process?

A

Alteration bill passed by both houses

Governor General submits question to voters in each state

46
Q

What is the double majority provision of S128?

A

For a referendum to be passed, a majority of voters must vote yes and a majority ie 4/6 of states must also have a yes vote

Legal 3/4 (8 decks)

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