Chapter 10: Changing powers - Constitutional change in Australia Flashcards
The three informal ways to change the Constitution are
unchallenged legislation, High Court interpretation, referral of powers
Constitutions are ________ or fundamental law
superior
The section of the Constitution which sets out the formal process for a referendum
s128
To be successful, a referendum proposal must achieve a __________ majority
double
From 44 referenda questions, ____ have been successfully passed
8
The last year in which successful referenda proposals were put, was _______
1977
The three referenda which increased the powers of the Commonwealth were involved these areas
Aborigines, social services, state debts
Two reasons for the failure of so many referenda include
caution, distrust, apathy
The referenda with the highest positive response was __________
1967 Aborigines referenda to allow the Commonwealth to make law for them and delete s127 to count then in census
The tow key impacts of High Court judgements in altering the Constitution are _____ and _______
Federal balance of power; discovery of implied rights
Two landmark High Court cases which affirmed the implied right of free political communication were
Australian Capital TV (1991 {set precedent}, Theophanous v Herald Weekly (1994) and Lange v ABC (1997)
Three areas in which powers have been referred by States since the 1980s are
family law (not WA), consumer credit law, corporations law. criminal law regarding terrorism
If the Commonwealth makes law does not reference a head of power and is challenged by a state/states, it may be judged to be _____- _______
ultra vires
Two Acts which were never challenged by the States despite being ultra vires were
Science and Industry Research Act (1949) aka CSIRO; Snowy Mountains Hydro-Electric Power Act (1949)
To challenge a law, a party to the case must have ______
standing (locus standi)
