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Legal Studies > Chapter 10: The People, The Parliament and The Constitution > Flashcards

Chapter 10: The People, The Parliament and The Constitution Flashcards

1
Q

What is a constitution?

A

A set of rules that establishes how a country is to be governed.

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2
Q

What is the Australian Constitution?

A

A set of rules and principles that guide the way Australia is governed.
Formally know as Commonwealth of Australia Constitution Act 1900 (UK)

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3
Q

What are the main features of the Australian Constitution?

A
  • Establishing Commonwealth Parliament + Westminster system
  • Establishing High Court of Australia - powers to interpret constitution
  • Sets our state law-making powers - states can alter/repeal their own laws
  • Facilitates division of law-making powers
  • Provides mechanism by which wording os Cons. can be changed: Ref.
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4
Q

What is a bill of rights?

A

A doc. setting out the basic rights and/or freedoms of citizens in a particular state/country.

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5
Q

Does the Australian Constitution have a bill of rights?

A

no

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6
Q

What are the key components of the Commonwealth Parliament?

A
  • the Queen (repped by the gov. gen)
  • the Senate
  • H.O.R
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7
Q

Who is the Governor-General?

A

the Queen’s rep at the Commonwealth level

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8
Q

What is government?

A

Ruling authority with power to govern.

Formed by the political party or parties (known as coalition) that holds majority in the lower house in parliament.

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9
Q

Why is H.O.R known as the ‘People’s House’ and the ‘House of Government’?

A
  • reflects the majority opinion of the people at an election
  • determines which party/coalition should form government (party/coalition with most seats in H.O.R forms gov.)
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10
Q

How many members in the H.O.R?

A

151

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11
Q

How long is the term of office for members of the H.O.R?

A

3 years

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12
Q

What is the opposition?

A

Political party holding second largest number of seats in the lower house.
Questions gov. about policy matters and is responsible for holding them to account.

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13
Q

What is the main role of the H.O.R?

A

make laws

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14
Q

What is a bill?

A

Proposed law

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15
Q

What is an Act of Parliament?

A

A law made by parliament;
A bill that has passed through parliament and has received royal assent
aka statute

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16
Q

What is required for a bill to pass through a house of parliament?

A

A majority vote in its favour

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17
Q

List all roles of the H.O.R in law-making

A

Provide RAPID Care

Provide responsible government: ministers responsible to parliament + people. Can be challenged by shadow ministers on policy matters to expose flaws in legislation

Rep. the people: representative gov. members elected to rep people and make laws on their behalf. bills should reflect views/values of community

Act as House of Review: when bill initiated and passed by senate, H.O.R can debate + pass bill to gov-gen to receive royal assent

Publicise and scrutinise gov. administration: must publicise gov. policies so they can be debated and matters of public importance can be discussed

Initiate and make laws

Determine the gov.: party/coalition with most seats forms gov.

Control gov. expenditure: Bill must be passed through both houses before gov. can collect taxes or spend money. Money bills can only be initiated by the lower house

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18
Q

What is a money bill?

A

A bill that imposes taxes and collects revenue

aka appropriation bill

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19
Q

What is the Cabinet?

A

Policy-making body made up of P.M. at Commonwealth level or Premier at state level and a range of senior gov. ministers in charge of several gov. departments.
Decides which bills/legislation should be introduced into parliament

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20
Q

What is a private member’s bill?

A

Bill introduced by member of parliament who is not a gov. minister

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21
Q

What is a hung parliament?

A

When no major political party wins majority of seats lower house after election

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22
Q

How many members in the Senate?

A

76

12 for each state (regardless of population) and 2 from each territory

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23
Q

How long is the terms of office for each Senator?

A

6 Years

Half of them reelected every 3 years, and changeover takes place on 1 July in the year following general election.

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24
Q

The Senate uses a committee system to inquire into policy issues in depth and scrutinise bills before they become laws. What does the system entail?

A

A system used by federal and state parliaments whereby separate working parties (committees) investigate a range of legal, social and political issues and report back to parliament about the need for law reform.

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25
Q

List the main roles of the Senate in law-making

A

PASS

Propose and pass bills: Can initiate bills (but not money bills) and pass those approved by H.O.R without amendment, with amendment (or request amendment for money bills) or reject.

Act as house of review: debate and review bills passed by H.O.R

act as States’ house: has equal representation from all states (regardless of population) so that they retain some power at Commonwealth level. Thus, reps interests of the states in law-making.

Scrutinise bills through committee process: committee members assess bills to determine its social, legal and political effects.

26
Q

What are the key components of the Victorian Parliament?

A
  • the Queen (repped by the Governor of Victoria)
  • the Legislative Council (upper house)
  • the Legislative Assembly (lower house)
27
Q

Who is the governor?

A

The Queen’s representative at the state level

28
Q

What is the Legislative Assembly?

A

The lower house of the Victorian Parliament

29
Q

How many members of the Legislative Assembly?

A

88

One representing each district in Vic (88 districts in total)

30
Q

How long is the terms of office for members of the Legislative Assembly?

A

4 years

Elections held on last Saturday in Nov. every four years

31
Q

Who forms the state government?

A

party/coalition that wins majority of seats in the legislative assembly

32
Q

Who forms the opposition at the state level?

A

The party with second highest number of seats in the Legislative Assembly.
Keeps check on activities and responsibilities of gov. ministers

33
Q

List the roles of the Legislative Assembly in law-making

A

PACIFy

Provide representative government: members elected to rep. interests of ppl

Act as the house of review: Rev bill proposed and passed by LC

Control gov. expenditure: Only LA can initiate money bill. For taxes to be collected or money to be spent, such a bill must be introduced in LA. Thus, LA controls gov. expenditure.

Initiate+pass laws: bills usually proposed by gov. but any member can propose

Form government: party/coalition with majority in LA forms gov.

34
Q

What is the Legislative Council?

A

Upper house in Victorian Parliament

35
Q

How many members of the Legislative Council?

A

40.

5 representatives from each of the 8 regions into which Vic is divided.

36
Q

How many members of the Legislative Council?

A

40.

5 representatives from each of the 8 regions into which Vic is divided.

37
Q

How long is the term of office for members of the Legislative Council?

A

4 years

38
Q

True/False

The primary role of the Legislate Council is to make laws

A

False.

Primary role is to act as a house of review.

39
Q

List the roles of the Legislative Council in law-making

A

Act as House of Review: Scrutinise, debate, amend or reject bills passed by LA. Ensures that parliament is kept in check and is reflects pp’s views/values.

Examine bills through its committees: Committee members debate bills at length and recommend to House whether bills should be supported.

Initiate and pass bills: Less commonly than LA.

40
Q

Discuss how holding the majority in both the LA and LC would impact the government’s law-making process

A

(+) easier to get parliament to pass legislation = expedite process of making laws, allowing them to be more flexible

(-) less scrutiny of government’s policy and less debate = parliament may not be kept in check and may fail to reflect ppl’s views/values

41
Q

What are the main roles of the Crown in law-making?

A
  • granting royal assent
  • withholding royal assent
  • appointing the Executive Council
42
Q

What is royal assent?

A

The formal signing and approval of a bill by the governor-general (at commonwealth level) and governor (at state level) after which the bill becomes and Act of Parliament/statute.

43
Q

List key features of the crown’s role in granting royal assent

A
  • required to approve bills (give royal assent) before they can become law
  • normally given as a matter of course on advice of PM at Commonwealth level and on advice of Premier at state level
44
Q

List key features of the crown’s role in withholding royal assent

A
  • Crown’s rep can refuse to approve a bill and make in an Act of Parliament
  • Rare
  • At federal level, Constitution specifies circumstances in which the Governor-General can withhold royal assent
45
Q

What is the executive council?

A

A group consisting of the leader of government (prime minister at commonwealth level and premier at state level) and senior ministers that is responsible for administering and implementing the law by giving advice about the government and government department, as well as approving secondary legislation.

46
Q

List key features of the crown’s role in appointing the executive council

A
  • appoints executive council to give advice on government matters and approve secondary legislation
  • crown’s rep takes advice from PM or premier when approving secondary legislation
47
Q

How does the Australian Constitution divide law-making powers?

A
  • residual powers
  • exclusive powers
  • concurrent powers
48
Q

What are residual powers?

A

law-making powers that were left with the states upon federation and are exclusive to them
they are unlisted in the Australian Constitution
e.g. the Crimes Act

49
Q

What sections of the constitution protect the continuing power of the states to create law in areas that were not given to the Commonwealth?

A

sections 106, 107 and 108

50
Q

List areas of residual power that belong only to the states

A
  • criminal law
  • medical procedures
  • road laws
  • education
  • public transport
51
Q

What are exclusive powers?

A

powers in the Australian Constitution that can only be exercised by the Commonwealth Parliament

52
Q

What sections of the constitution set out the law-making powers of the Commonwealth Parliament?

A 
Section 51 (main one, but there are many others)
Section 52
53
Q

List areas of exclusive power than belong only to the parliament

A
  • defence (army, navy, air force)
  • currency (printing and coining money)
  • customs and border protection (immigration, trade, border security)
54
Q

True or False?

Some powers that are held by the Commonwealth are made exclusive by other sections of the Constitution.

A

True
e.g. section 51 gives power to the Commonwealth Parliament to make laws relating to coining money and section 115 provides that a state shall not coin money, thereby making this an exclusive power of the Commonwealth

55
Q

Which of powers held by the Commonwealth are ‘exclusive by their nature’?

A
  • naturalisation (becoming an Australian citizen)
  • recognition throughout the Commonwealth state laws and records
  • control of railways for defence purposes
56
Q

What are concurrent powers?

A

powers in the Constitution that may be exercised by either the Commonwealth or the states – for example, taxation.

57
Q

List areas of concurrent powers that are shared by the Commonwealth and

A
  • trade
  • taxation
  • marriage and divorce
  • postal, telegraphic, telephonic and similar services
58
Q

What section of the constitution protects concurrent powers?

A

Section 51

59
Q

Explain Section 109 of the Australian Constitution

A

Designed to help resolve inconsistencies between state and Commonwealth laws.
When exercising concurrent powers results in an inconsistency, the Constitution stipulates that law of the Commonwealth “shall prevail” and law of the state shall “be invalid” to the extent of the inconsistency.

60
Q

True or False

An inconsistent law is automatically invalid when passed.

A

False.
Must first be challenged (and the court must determine whether the two laws are inconsistent) before it is declared invalid.
Thus, states still have power to pass an inconsistent law.

61
Q

Following some inconsistency between state and federal law, what happens if the Commonwealth law is abrogated or changed?

A

State law will be in force and have effect.

62
Q

How is Section 109 significant?

A
  • acts as a restriction on the states as they will recognise that when passing laws in areas of concurrent powers, their powers are constrained where a Commonwealth law already exists

Legal Studies (13 decks)

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