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EMPC VCE 2016 Legal > Constitution > Flashcards

Constitution Flashcards

1
Q

Australia Act of 1986

A

Terminated the ability of the British to make laws for Australia.

Also stated that any law previously required to be passed by Britain was now under the control of Australia and could be passed by its states

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2
Q

Role of Constitution

Parliament

A

Created and able to make laws in certain area

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3
Q

Role of Constitution

Powers

A

Clear guidelines about which powers owned by State Parliaments

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4
Q

Role of Constitution

Governor-General

A

Head of state for new Commonwealth of Australia

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5
Q

Role of Constitution

High Court

A

To hear adn decide disputes involving law-making powers of Commonwealth Parliament

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6
Q

Role of Constitution

Principles of Governement

A
  • Representative

Direct election of member of House of Reps and Senate

  • Responsible

Government is accountalb for their actions

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7
Q

Separation of Powers

4 types of power separation

A
  • Specific
  • Exclusive
  • Concurrent
  • Residual
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8
Q

Section 109

A

When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

“Invalid” does not mean that a State law is invalid in the postitivist sense that the State Parliament lacks power to pass it. The State law, though enacted with full validity, merely ceases to operate. Hence, in order for s. 109 to come into operation at all, there must be a valid State law and a valid Commonwealth law.[3] When s. 109 takes effect, the State law yields to the Commonwealth law, but remains a valid law of the Parliament. If later the overiding law ceases to operate the State Law becomes effective

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9
Q

Section 96

A
  • Allows the Commonwealth parliament to make grants of money to the states.
  • When the Commonwealth grants money to a state it can impose conditions on the way in which the states spend those grants.
  • These conditions may influence the policies of state governments.
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10
Q

Specific Powers - Exclusive by Nature

Section 51 (iv)

A

Borrowing money on the public credit of the Commonwealth

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11
Q

Specific Powers - Exclusive by Nature

Section 51 (xxxi)

A

The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws

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12
Q

Specific Powers - Exclusive by Nature

Section 51 (xxxiii)

A

The acquisition, with the consent of the State, any railways of the State.

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13
Q

Specific Powers - Exclusive by Prohibition

Section 51 (xii)

vs

Section 115

A

s. 51 (xii) gives the Comm. Parliament the power to make laws about currency, coinage and legal tender.
s. 115 declares “A state shall not coin money, nor make anything but gold and silver coin legal tender in payment of debts”.

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14
Q

Concurrent Powers

Section 51 (xi & xii)

A

Marriage & Family

Commonwealth

  • Marriage = Marriage Act 1961
  • Divorce = Family Law Act 1975 (cth)

State

  • Adoption Act 1984
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15
Q

Where does this appear

Terminated the ability of the British to make laws for Australia.

Also stated that any law previously required to be passed by Britain was now under the control of Australia and could be passed by its states

A

Australia Act of 1986

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16
Q

Where does this appear

When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

A

Section 109

17
Q

Where does this appear

  • Allows the Commonwealth parliament to make grants of money to the states.
A

Section 96

18
Q

Where does this appear

Borrowing money on the public credit of the Commonwealth

A

Specific Powers - Exclusive by Nature

Section 51 (iv)

19
Q

Where does this appear

The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws

A

Specific Powers - Exclusive by Nature

Section 51 (xxxi)

20
Q

Where does this appear

The acquisition, with the consent of the State, any railways of the State.

A

Specific Powers - Exclusive by Nature

Section 51 (xxxiii)

21
Q

Where does this appear

s. ?(?) gives the Comm. Parliament the power to make laws about currency, coinage and legal tender.
s. ? declares “A state shall not coin money, nor make anything but gold and silver coin legal tender in payment of debts”.

A

Specific Powers - Exclusive by Prohibition

Section 51 (xii)

vs

Section 115

22
Q

Where does this appear

Marriage & Family

Commonwealth

  • Marriage = Marriage Act 1961
  • Divorce = Family Law Act 1975 (cth)

State

  • Adoption Act 1984
A

Concurrent Powers

Section 51 (xi & xii)

EMPC VCE 2016 Legal (6 decks)

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