Chapter 3 Australia's Blended Constitution EMMA Flashcards

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1
Q

how did Aboriginal Australians govern

A

with 700 language groups and 500 clan groups

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2
Q

why did Australia ask for a self government to be granted to their colonies

A

the thought of one union composed of equal parts
- constitutional marriage

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3
Q

constitutional marriage

A

to marry the new and the old world ideas

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4
Q

who was constitutional marriage made up of

A
  • old world parent - Britain
  • new world cousin - US (radical political ideas)
  • borrowed - Switzerland and Canada
  • constitutional blues
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5
Q

what did very early Australian governments have

A

no citizens, representatives, rule of law separation of powers or constitutional limits

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6
Q

what happened between 1856 - 1890

A

all 6 colonies achieved responsible government

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7
Q

what were the 4 issues that lead to federalism in Australia

A

concerns for…
- defence (other powers)
- inter-colonial trade (trade barriers)
- asian immigration (threatened white Australia)
- Australian identity

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8
Q

Australian defence concerns

A
  • security of colonies threatened
  • Britian’s naval power was no longer unchallenging in the pacific
  • Germany and Russia
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9
Q

Australian trade concerns

A
  • 19th century colonies expanded rapidly
  • transport systems began to link up = quicker communication and more efficient trade
  • free trade didn’t exist due to intercolonial trade
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10
Q

Australian fear of asian immigration concerns

A
  • gold rush = chinese migrants
  • threatened a “white Australia”
  • colonies had differing laws on migration
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11
Q

Australian identity

A
  • australian born
  • australian publications helped to develop australian identity
  • australian artists, poets and authors created an ‘australian identity’
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12
Q

how did these issues lead to federation

A

these issues brought the colonial leaders together to form a union

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13
Q

what did Australia adopt from the British Westminster system

A
  • the crown/head of state/monarch (constitutional)
  • the Governor General
  • bicameral parliament
  • executive/responsible parliamentary government
  • westminster conventions
  • english common law
  • representative government
  • legislature process
  • constitutionalism
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14
Q

where did Australia’s bicameral parliament originate

A
  • British lower and upper legislative houses
  • house of commons (LH) - elected by people and executive is drawn from
  • house of lords (upper house) - based on inheritance and appointment
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15
Q

what is similar about Australia and Britain’s bicameral parliament

A

both the house of reps and the house of commons
- both the lower house
- both elected by the people
- both form government
- both are where the executive are drawn from
- both are the “peoples” house

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16
Q

what is different about Australia and Britain’s bicameral parliament

A

both senate and house of lords are the upper house
- house of lords inherits power is not elected
- senate is elected and is based of the US’s upper house

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17
Q

what are the 3 executive parts Australia adopted from Britain

A
  1. formal constitutional executive - crown and GG
  2. real or political executive - PM and cabinet
  3. administrative executive - public service
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18
Q

what is the most central part of the Australian political and legal system adopted by Britain

A

westminster convention - rules (not written in constitution)

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19
Q

what are some westminster conventions adopted by Australia

A
  • executive government must have confidence of the lower house
  • money bills are called appropriation bills and can’t form in the senate
  • individual and collective ministerial responsibility
  • royal assent by GG
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20
Q

what are the 3 steps of passing a bill Australia inherited from Britain

A
  • passed in lower house
  • passed in senate
  • signed by governor general;
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21
Q

fictional powers

A

the governor general has authority to refuse a bill
- conventions override this

22
Q

what are the powers of the governor general in Australia

A
  • dissolve parliament
  • prorogue parliament
  • issue writs for an election
  • dismiss ministers
  • appoint ministers
  • appoint federal judges
    (powers can only be used on advice from the cabinet)
23
Q

formal powers

A

powers of GG can only be used on advice from the cabinet
- brings royal power under democratic control

24
Q

reserve powers

A

the GG has the authority to use powers only used in emergency situations when normal government can’t function or crisis exists
- GG can sack government

25
Q

where did Australia adopt the written constitution from

A

USA

26
Q

where did Australia adopt the unwritten constitution from

A

Britain

27
Q

what does Australia rely on their unwritten constitution for

A

to define and regulate power of government

28
Q

where was the representative government adopted from

A

Britain
- 2 houses
- government formed in lower house
- majority of seats in lower house forms government
- regular elections (GB - 5 years, Aus - 3 years)

29
Q

why could Australia not adopt Britains unitary system

A
  • colonisers wanted to keep power in the 6 colonies and have 1 national government
  • Australia was too large to be governed in one place
30
Q

what did Australia adopt from the United States’ Washingtonian system

A
  • federalism
  • division of powers
  • senate
  • bicameral legislative branch
  • constitutional court
  • written constitutions
31
Q

what were the 3 steps to federalism

A
  1. 1 national government, colonies converted to states and kept their powers
  2. powers must be separated (by constitution)
    - national: defence, immigration and external affairs
    - both: taxes
    - state: urban planning, public transport, roads
  3. link = balance of powers and federal institutions which enable cooperation between levels
32
Q

federal balance of powers adopted by US in Australia

A

ratio of powers between the levels of government
- exclusive (constitution)
- concurrent (constitution)
- residual (unwritten)

33
Q

what are federal institutions that link the levels of government

A
  • constitutional court: resolve disputes
  • heads of governments meeting to resolve issues
  • tax and fiscal imbalance
34
Q

what did Australia copy the design of from the US

A

the constitution

35
Q

written contitution

A

document where all political and legal processes, principles and powers are set out (Australia adopted from US)

36
Q

what does constitutional court have the authority to do

A

authority to interpret the constitution when necessary, to resolve disputes between different levels of government

37
Q

what did Australia adopt from Canada

A

the Washminster hybrid

38
Q

Washminster hybrid

A

blend between British Westminster system and US’s Washingtonian system

39
Q

what do Canada and Australia have in common

A
  • British settlers and colonies
  • gaining self-governance from Britain not independence
  • Westminster Government
  • English common law
  • American constitution and federalism
  • constitutional court and federal institutions
40
Q

what did Australia Adopt from Switzerland

A

referendums
- referendums are used in Switzerland’s national, state and local levels of government
- used to increase participation
- values of democracy/direct democracy

41
Q

what 2 things need to be achieved to approve a referendum in Australia

A

double majority
1. majority of all Australians (democratic majority)
2. majority of states (federal majority)

42
Q

referendum

A

direct vote on a particular question (usually used to change the constitution)

43
Q

what does the Australian Washminster hybrid create

A
  • the best of both worlds
  • constitutional blues
44
Q

what are Australian’s Washminster problems/constitutional blues

A
  1. upper house has co-equal power with lower (US)
  2. westminster style legislature being limited by written constitution
  3. westminster conventions clashing with US written constitution concerning powers of the governor general
45
Q

what is federation

A

the creation of a nation by uniting previous seperate colonies, each of which retains some power, but also cedes some powers to a national government

46
Q

federation date

A

January 1st, 1901

47
Q

how many local governments are in australia

A

over 500

48
Q

exclusive/federal powers (examples)

A
  • defence
  • citizenship
  • immigration
  • tax
  • currency
49
Q

concurrent powers (federal and state) (examples)

A
  • education
  • courts
  • marriage and divorce
  • global trade
50
Q

residual/state powers (examples)

A
  • ambulance/medical
  • police
  • emergency services
  • rivers
51
Q

local powers (examples)

A
  • rubbish/bins
  • parks
  • parking tickets
  • town planning