Australian law: Constitutional Law

Question 0

Constitution separates what 3 branches of federal government?

Answer 0

1. Judicatures/Courts
2. Parliament
3. Commonwealth Executive

Question 1

Role of Aust. Constitution?

Answer 1

To determine what powers can be exercised by the Commonwealth Govt. and what powers remain with state governments

Question 2

Distinguish between separation and division of power.

Answer 2

Separation of power ensures no one group within the government can dominate whereas division of power divides power between state and Commonwealth governments

Question 3

What are the 3 divisions of power?

Answer 3

Residual: powers that states have retained after federation (eg. Traffic)
Concurrent: powers shared between Commonwealth and states (eg. Health care)
Exclusive: powers granted only to the Commonwealth Parliament (eg. Trade, foreign relations, defence)

Question 4

How can a constitution be changed?

Answer 4

Referendum - double majority

Question 5

Importance of High Court in constitutional law in Aust.

Answer 5

1. Original jurisdiction for any matter involving the Constitution
2. Protects constitution by ensuring governments act within their constitutional powers