Constitution

Question 1

Sections 2-4

Answer 1

Establish the Governor General as the Queen’s Representative and deals with matters such as position and salary.

Question 2

Section 5-6

Answer 2

Relate to the session of parliament

Question 3

Section 7

Answer 3

“The Senate shall be composed of Senators from each state, directly chosen by the people of the state, voting, until the Parliament otherwise provides, as one electorate.”
•State’s house
•Deals with qualifications, rotations and casual vacancies of the senate, the election and absence of a president.
•Act as house of review

Question 4

Section 53

Answer 4

Equal powers for Senate and HoR except for the initiation and amendment of money bills.

Question 5

Section 22

Answer 5

Quorum
“Until the Parliament otherwise provides, the presence of at least one third of the whole number of senators shall be necessary to constitute a meeting of the senate for the exercise of its powers.”

Question 6

Section 24

Answer 6

House of Representatives shall be composed of members directly chosen by the people
•Nexus: twice the number of senators
•Number of members chosen from each state shall be in proportion to the number of people
•The people’s house

Question 7

Section 27-49

Answer 7

HoR: Qualifications, election of a speaker , electoral divisions, duration, etc

Question 8

Section 39

Answer 8

Quorum also applies to House

Question 9

Section 44-50

Answer 9

Both Houses

Sets out procedures in regard to disqualification, vacancy, allowances, privileges for parliamentarians

Question 10

Section 51

Answer 10

Defines the areas where the Federal Parliament has the power to legislate.
39 sub sections
Most powers are concurrent
Any powers not mentioned are residual

Question 11

Section 109

Answer 11

Where there is conflict between state and federal governments over concurrent power, federal prevails.

Question 12

Section 52

Answer 12

Sets out exclusive powers of the Parliament to establish public service

Question 13

Section 57

Answer 13

Established procedures in the case of a deadlock between the two houses, and gives the Governor General the power to intervene and call a double dissolution election or joint sitting of parliament. Occurs when senate fails twice to pass a bill within one month.
Have occurred 1914, 1951, 1874, 1975, 1983 and 1987. One joint sitting in 1974.

Question 14

Section 61

Answer 14

“The Executive power of the Commonwealth is vested in the Queen and is exercisable by the GG as the Queen’s representative, and extends to the execution and maintenance of the constitution and of the laws of the CW.”

Question 15

Section 62

Answer 15

Establishes Federal Executive Council

Constitutional executive

Question 16

Section 63

Answer 16

Refers to the GG in council meaning the GG acting with the advice of the Federal Executive Council.

Question 17

Section 64

Answer 17

Ability of GG to dismiss PM

Question 18

Section 72

Answer 18

Guarantees tenure of judges until age 70 unless removed by agreement of both houses.

Question 19

Section 75

Answer 19

Original jurisdiction if High Court
•Matters arising under treaties
•Cases brought before CW
•Legal disputes between states

Question 20

Section 80

Answer 20

Establishes trial by jury

Question 21

Section 1

Answer 21

Established the Federal Parliament as the Legislative Body of the CW. power vested in Federal Parliament - Queen, Senate, HoR.

Question 22

Chapter 2

Answer 22

The Executive

Question 25

Chapter 4

Answer 25

Finance and trade

Question 26

Chapter 5

Answer 26

The States

Question 27

Chapter 6

Answer 27

New States

Question 28

Chapter 7

Answer 28

Miscellaneous

Question 29

Define Constitution

Answer 29

A set of fundamental laws that are binding on the government and the governed and which set out the structure, powers, process and procedures of government.

Question 30

Constitutionalism

Answer 30

The idea that governments have defined, limited powers and that legitimate government actions must conform to legally based, formal processes based on the rule of law.

Question 31

Chapter 8

Answer 31

Altering the constitution

Question 34

Chapter 3

Answer 34

Judicial power is vested in High Court and other federal courts.
Judiciary should be independent
GG on advice of PM appoints justices

Question 51

Chapter 1

Answer 51

Outlines structure, powers and procedures of Federal Parliament.
Longest chapter, 5 parts