Chapter 2 Flashcards
What are 2 most significant contributors to constitutional change
High court judgements and changing financial powers
Assess the significance of referendums to constitutional change
Not very significant, as citizens tend to vote for maintaining existing or familiar institutions
Outline the steps needed for a a successful referendum
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
What section of the constitution dictates what steps a referendum must take
S128
What are institutional factors
Factors that result from the rules and structure of the referendum process
What are three examples of institutional factors
Parliament’s exclusive right to create referendums (not Switzerland)
Double majority requirement
How long the question is
Give an example of unchallenged legislation
Snowy Mountain Scheme, CSIRO
What was/is the Australian Constitution Convention and Constitutional Commission and were they successful
AAC, 1973-1983, resulted in 3 successful referendums
CC, 1985-1988, 0/7 passed, revived in 1998 for republic
How does the high court contribute to constitutional change?
Constitution changes through ongoing interpretation of it’s words, which is done by the High Court which changes the constitutions meaning
How has financial power contributed to a shift in federal balance
Commonwealth exerts influence using tied grants s.96
What are two major factors that contributed to the financial power shift
- Since Federation, Commonwealth had more power (customs and excise duty s86) and what protection states had was weak (Braddon Blott s87)
- uniform tax agreement 1942 gives 45% of com. revenue
What is vertical fiscal imbalance
The unequal financial powers of Commonwealth and state governments
What has increased vertical fiscal imbalance?
- 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)
What is horizontal fiscal equalization
Where states have equal financial power, occurs in Australia due to GST (Commonwealth Grants Commission)
What are 5 areas where constitutional reform has been proposed
- Formalizing conventions that create accountability
- Stating democratic rights
- Inserting preamble (aboriginals)
- Declaring Australia a republic
- Codifying powers of the GG and PM
Outline the events of the 1975 constitutional crisis which went against constitutional convention
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
What weakness in the political system did the dismissal reveal
How significant are conventions if they are easily discarded
Why was the issue of republic focused in 1990’s
Changing ties with Britain, abolishment with White Australia Policy, 1975 showed the issues with an unappointed HoS, heavy push from Paul Keating
What are the arguments for a republic
- national identity
- egalitarian system
- recognition of people as the basis of authority
- Australian citizen as HoS
What are arguments against a republic
- national unity and stability
- historical ties to Britain
- debate was divisive state v state
- unpredictable political effects
Explain 1 example of a successful referendum
Aborigines-1967
altered 51(xxvi) to allow laws to be made around aborigines
Deleted s127 to allow
