AOS 2- Ch 3

Question 1

Constitution

Answer 1

A set of rules declaring the nature,munitions and limits of government

Question 2

What is the role of the constitution?

Answer 2

To determine the powers and duties of the government and to guarantee certain rights to the people in the country.

Question 3

What are residual powers?

Answer 3

Law-making powers left with the states at the time of federation and not listed in the constitution.

Question 4

What are some areas of residual power?

Answer 4

~Law enforcement
~Environment
~Public Transport
~Education
~Health

Question 5

What sections of the Constitution refer to residual powers?

Answer 5

S106 & S107

Question 6

What are Specific Powers?

Answer 6

Powers set out in the Constitution and given to the Commonwealth Parliament.

Question 7

What section of the Constitution are most specific powers mentioned?

Answer 7

S51

Question 8

What are the two types of Specific powers?

Answer 8

Exclusive and Concurrent

Question 9

What are Exclusive Powers?

Answer 9

Powers that can only be exercised by the Commonwealth Parliament.

Question 10

What are some areas of Exclusive Powers?

Answer 10

~Customs
~Naval and military forces
~Coining money
~Naturalisation and aliens

Question 11

What are Concurrent Powers?

Answer 11

Powers which both the commonwealth and state parliaments share jurisdiction.

Question 12

What are some areas of Concurrent power?

Answer 12

~Trade
~Taxation (Stamp duty, GST)
~Marriage

Question 13

What is the impact of S109?

Answer 13

~Mechanism to resolve conflict between state and commonwealth laws.

~Commonwealth law prevails.

Question 14

What are the restrictions on the law-making powers of the state parliaments?

Answer 14

~ Cannot make laws in areas of exclusive power.
~ Power is restricted under S109 if there is a conflict
~Lack of power during a referendum

Question 15

What are the restrictions on the law-making powers of the Commonwealth Parliament?

Answer 15

~Cannot make laws in areas of residual power.
~Cannot combine all 3 powers (separation of powers)
~Cannot override High Court interpretation of the Constitution.
~Cannot change wording of constitution without referendum under S128.

Question 16

What is a referendum?

Answer 16

A compulsory vote on a proposed change to the wording of the commonwealth constitution.

Question 17

What is the process of a referendum?

Answer 17

1. Constitutional Alteration Bill is introduced and passed by Commonwealth Parliament.
2. A referendum is put to the people 2-6 months after.
3. AEC sends information to all households.
4. A double majority provision is achieved.
5. Governor-general provides Royal Assent.
6. Constitution is changed.

Question 18

What are the factors affecting the likely success of a referendum?

Answer 18

~Timing
~Double majority
~Lack of bipartisan support
~Confusing information
~Voter conservatism 
~Opposition in the community
~Erosion of states' rights is present
~High cost

Question 19

What are the strengths of a referendum?

Answer 19

~Protection of smaller states achieved through double majority provision.

~Lengthy process protects constitution

~Community views represented through compulsory vote

~Achieves a change in the division of law-making

Question 20

What are the weaknesses of a referendum?

Answer 20

~Double majority is difficult to achieve.

~Voter conservatism can negatively impact changes that have merit.

~Bipartisan support or lack of can influence voters.

~Expensive

~Lack of state power

Question 21

What was the outcome of the Constitution Alteration (Aboriginals) Bill 1967?

Answer 21

~ ‘other than the aboriginal race in any state’ removed from S51(xxvi)

~S127 repealed

~Area of residual power became a concurrent power

Question 22

What is the role of the High Court in relation to the Constitution?

Answer 22

1. Act as a guardian of the constitution.
2. Keeping constitution up to date.
3. Act as a check & balance.
4. Give meaning to the words and apply it to everyday situations.

Question 23

What section of the Constitution gives the High Court jurisdiction to interpret the constitution?

Answer 23

S76

Question 24

What are the strengths of the High Court in interpreting the constitution?

Answer 24

~Injustice can be rectified

~Justices are experts in constitutional law

~Acts as a check against abuse of power

~Keeps the constitution relevant

Question 25

What are the weaknesses of the High Court interpreting the constitution?

Answer 25

~High Court cannot change the wording.

~Case must be brought to court for constitution to be interpreted.

~Party bringing case must have standing.

~Expensive

~May be conservative and no change may result.

Question 26

What section of the constitution allows the states to refer their power to the commonwealth?

Answer 26

S51(xxxvii)

Question 27

What is the process of referring power?

Answer 27

1. States agree to hand over powers
2. State parliaments pass an act to refer powers
3. Commonwealth parliament passes an Act accepting powers from the states.

Question 28

What are the areas of uncertainty when it comes to referring power?

Answer 28

~Whether a referral can be revoked.

~Is the power made exclusive or concurrent.

Question 29

What are the strengths of referring powers?

Answer 29

~States can thoroughly discuss the issue before referring the power.

~Laws can be made to benefit the whole country.

~Uniform laws

Question 30

What are the weaknesses of referring powers?

Answer 30

~Centralises law-making powers and reduces powers of the states.

~Powers may have been better with the states in retrospect.