Assessment Flashcards
What case demonstrates the High Court’s ability to declare laws unconstitutional?
Roach v Electoral Commissioner (2007) – Found that banning all prisoners from voting was unconstitutional.
What case highlights judicial review shaping constitutional meaning?
Love and Thoms v Commonwealth (2020) – Ruled Aboriginal Australians cannot be considered ‘aliens’ under s51(xix).
What case shows how the High Court failed to recognise constitutional rights violations?
Kruger v Commonwealth (1997) – Failed to recognise harm of the Stolen Generations.
What case illustrates the High Court upholding an implied right to political participation?
Roach v Electoral Commissioner (2007) – Found that a law preventing all prisoners from voting was unconstitutional.
What case demonstrates the High Court interpreting the ‘aliens’ power in the Constitution?
Love and Thoms v Commonwealth (2020) – Ruled Aboriginal Australians cannot be considered ‘aliens.’
What case demonstrates how doli incapax can prevent a child from being held criminally responsible?
R v LMW (1999) – A 10-year-old pushed an 8-year-old into water; doli incapax prevented punishment.
What case led to the introduction of the Native Title Act 1993?
Mabo v Queensland (No. 2) (1992) – Overturned terra nullius, recognising native title rights.
What case established the principle of negligence in common law?
Donoghue v Stevenson (1932) – Established that a manufacturer owes a duty of care to consumers.
What case changed Australian property law by recognising native title?
Mabo v Queensland (No. 2) (1992) – Overturned terra nullius.
What case led to statutory reform legalising same-sex marriage?
Marriage Amendment Act 2017 – Legalised same-sex marriage after a plebiscite.
What case shows Australia failing to meet international standards on children’s rights?
Australia’s refusal to raise the age of criminal responsibility (criticised by UN Committee on the Rights of the Child).
What case demonstrates how sovereignty can be used to align with international law?
Racial Discrimination Act 1975 (Cth) – Introduced after Australia ratified a UN convention.
What case shows Australia legislating international obligations into domestic law?
Racial Discrimination Act 1975 (Cth) – Enforced Australia’s UN treaty commitments.
What case shows courts using international law as a reference, even if not directly legislated?
Convention on the Rights of the Child (CROC) referenced in family law cases.
Q: What checks does the legislative branch have on the executive?
A: Can override vetoes (2/3 vote) approve appointments/treaties (Senate)
Q: What checks does the legislative branch have on the judiciary?
A: Approves federal judges (Senate)
Q: What checks does the executive branch have on the legislative?
can veto laws passed by the legislative branch and call special sessions of Congress.
Q: What checks does the executive branch have on the judiciary?
A: Appoints federal judges
Q: What checks does the judicial branch have on the legislative?
A: Can declare laws unconstitutional (judicial review).
Q: What checks does the judicial branch have on the executive?
A: Can declare executive actions unconstitutional.
Q: What is the role of the High Court of Australia?
A: It interprets the Constitution through original and appellate jurisdiction.
Q: How does the High Court ensure laws comply with the Constitution?
A: By determining the constitutional validity of Commonwealth and state laws.
Q: What principle allows the High Court to check government power?
A: Judicial review.
Q: What does doli incapax mean?
A: Children under 14 are presumed incapable of forming criminal intent.
