Chapter 2

Question 1

What are 2 most significant contributors to constitutional change

Answer 1

High court judgements and changing financial powers

Question 2

Assess the significance of referendums to constitutional change

Answer 2

Not very significant, as citizens tend to vote for maintaining existing or familiar institutions

Question 3

Outline the steps needed for a a successful referendum

Answer 3

Parliamentary approval-bill must pass both houses, or one if 3 month interval
Approval by people-Double majority
Vice Regal approval- royal assent by GG

Question 4

What section of the constitution dictates what steps a referendum must take

Answer 4

S128

Question 5

What are institutional factors

Answer 5

Factors that result from the rules and structure of the referendum process

Question 6

What are three examples of institutional factors

Answer 6

Parliament’s exclusive right to create referendums (not Switzerland)
Double majority requirement
How long the question is

Question 7

Give an example of unchallenged legislation

Answer 7

Snowy Mountain Scheme, CSIRO

Question 8

What was/is the Australian Constitution Convention and Constitutional Commission and were they successful

Answer 8

AAC, 1973-1983, resulted in 3 successful referendums

CC, 1985-1988, 0/7 passed, revived in 1998 for republic

Question 9

How does the high court contribute to constitutional change?

Answer 9

Constitution changes through ongoing interpretation of it’s words, which is done by the High Court which changes the constitutions meaning

Question 10

How has financial power contributed to a shift in federal balance

Answer 10

Commonwealth exerts influence using tied grants s.96

Question 11

What are two major factors that contributed to the financial power shift

Answer 11

1. Since Federation, Commonwealth had more power (customs and excise duty s86) and what protection states had was weak (Braddon Blott s87)
2. uniform tax agreement 1942 gives 45% of com. revenue

Question 12

What is vertical fiscal imbalance

Answer 12

The unequal financial powers of Commonwealth and state governments

Question 13

What has increased vertical fiscal imbalance?

Answer 13

• Ha’s Case 1997 where HC found it invalid for states to tax tobacco, petrol and alcohol as they were Commonwealth powers
• Uniform tax agreement 1942 (1957)

Question 14

What is horizontal fiscal equalization

Answer 14

Where states have equal financial power, occurs in Australia due to GST (Commonwealth Grants Commission)

Question 15

What are 5 areas where constitutional reform has been proposed

Answer 15

• Formalizing conventions that create accountability
• Stating democratic rights
• Inserting preamble (aboriginals)
• Declaring Australia a republic
• Codifying powers of the GG and PM

Question 16

Outline the events of the 1975 constitutional crisis which went against constitutional convention

Answer 16

2 non labour senators appointed (not convention)
Senate blocked supply bill which was to provide legal authority for gov expenditure
Sir John Kerr resided in Malcolm Fraser and 2 high court justices
Sir John Kerr sacked the prime minister

Question 17

What weakness in the political system did the dismissal reveal

Answer 17

How significant are conventions if they are easily discarded

Question 18

Why was the issue of republic focused in 1990’s

Answer 18

Changing ties with Britain, abolishment with White Australia Policy, 1975 showed the issues with an unappointed HoS, heavy push from Paul Keating

Question 19

What are the arguments for a republic

Answer 19

• national identity
• egalitarian system
• recognition of people as the basis of authority
• Australian citizen as HoS

Question 20

What are arguments against a republic

Answer 20

• national unity and stability
• historical ties to Britain
• debate was divisive state v state
• unpredictable political effects

Question 21

Explain 1 example of a successful referendum

Answer 21

Aborigines-1967
altered 51(xxvi) to allow laws to be made around aborigines
Deleted s127 to allow