australian constitution Flashcards
what is a constitution?
a set of rules by which a country or state is run - outlines how powers are divided between cth and state parliaments
what are the three arms of the division of powers?
- exclusive
- concurrent
- residual
what are exclusive powers in the division of powers?
only exercised by the cth parliament
what are concurrent powers in the division of powers?
can be exercised by both state and cth parliaments (section 51)
if a state and cth law conflict, cth law overrules (section 109)
what are residual powers in the division of powers?
only exercised by state parliament
any laws existing in the states before federation are preserved unless taken by exclusive powers (section 107)
what is the purpose of the high court?
it is the guardian of the constitution in that it deals with issues regarding the interpretation of the constitution. it is also the highest court of appeal
how can the constitution be changed?
through a referendum (section 128)
what is the process for a referendum?
- proposed change must be passed in both federal houses of parliament by majority
- majority of citizens must vote in favour
- majority of the six states must vote in favour
- constitution can be changed
what are the three arms in the separation of powers?
- legislative
- executive
- judicial
what is the legislative arm of the separation of powers?
the making of law by state and cth parliaments
what is the executive arm of the separation of powers?
implementing the law
what is the judicial arm of the separation of powers?
interpreting of the law by courts and tribunals
what arms are seperate/overlapped in the separation of powers?
there is some overlap between the legislative and executive, but the judicial is completely seperate
