checks on parliament in law-making Flashcards

1
Q

what are checks on parliament?

A

they are restrictions or on our parliament to make sure they don’t abuse their powers to make laws, even though the parliaments are supreme law-making body they don’t have absolute power.

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2
Q

what is the check: the role of the high court in protecting the principle of representative government.
and how does high court protect it?

A

the principle of representative government is enshrined in the Australian Constitution under section 7 and 24, makes sure members of commonwealth parliament are ‘directly chosen by the people.’

high court restricts the ability of the commonwealth parliament to make laws that infringe on the rights of people to vote in elections.
by protection the ability of people to freely communicate on political matters.

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3
Q

what are the strengths of the role of the high court in protecting the principle of representative government?

A
  • the judges of the high court (7 judges)bot are experienced in making decisions, so final judgement is properly made.
  • both the high court (scooby gang) and the principe of representative government (villains) are contained in the Constitution, therefore it can only be abolished if there is a referendum.
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4
Q

what are the weaknesses of the role of the high court in protecting the principle of representative government?

A
  • high court judges cannot protect the principle of representative government unless a case is brought before them, and if it is brought by someone who doesn’t have a standing in the case, the law can’t change
  • the high court’s role is limited to interpreting the constitution rather than changing the wording altogether.
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