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LMCG 12 POL > Constitution/cases FCs > Flashcards

Constitution/cases FCs Flashcards

1
Q

Referral of powers

A

51(xxxvii)

MDBA 2007

NFA 1996

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2
Q

External affairs

A

51(xxix)

Tas Dams 1983

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3
Q

Unchallenged legislation

A

Snowy River Scheme 1949

  • used s.51(vi) as HOP
  • even though Australia was no longer at war, no one brought it to the courts
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4
Q

Cth has exclusive power over customs, excise and bounties

A

90, 86

Ha and Hammond 1997

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5
Q

Cth can issue grants via CGC

A

96

  • Roads Case 1926*
  • 1st UTC 1942*
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6
Q

Taxation

A

51(ii)

EBN

1st UTC 1942

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7
Q

Braddon Blot

A

87

For the first 10 years after federation, ¾ of the Cth income on customs/excise shall be distributed to the states.

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8
Q

WA charging of customs/excise/bounties

A

85

… at a diminishing rate for the first five years.

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9
Q

Free trade/state intercourse

A

92

  • Palmer v. WA 2020*
  • Cole v. Whitfield 1988*
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10
Q

Corporations

A

51(xx)

WorkChoices 2006

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11
Q

Disqualifications of MPs

A

44

Citzenship Seven cases 2017

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12
Q

Industrial relations

A

51(xxxv)

Railway Servants 1906

Claimed by states in WorkChoices 2006

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13
Q

Naval and military defence

A

51(vi)

Exclusive

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14
Q

Special races

A

51(xxvi)

Repealed in 1967 Aboriginals referendum

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15
Q

Casual vacancies

A

15

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16
Q

By-elections

A

33

Wentworth 2018

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17
Q

HOR terms

A

28

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18
Q

Royal assent by the GG

A

58

Express power

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19
Q

Dissolution of both houses

A

57

Express/reserve power

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20
Q

Senate composition

A

7

21
Q

Exclusive powers of the Cth

A

52

22
Q

Issuing of writs by GG

A

32

Cosgrove in 2018 per Turnbull’s call

23
Q

Allowances

A

51(xxiiiA)

Williams No. 2 (2014)

24
Q

Composition of Federal Parliament

A

1

Queen, HOR, and Senate

Currently

HOR - 76 LNP, 68 ALP, 7 CB

Senate - 36 LNP, 26 ALP, 14 CB

25
Q

Marriage

A

51(xxi)

26
Q

Cth has power to acquisition of property

A

51(xxxi)

Human right

27
Q

Senate and HOR difference (appropriation)

A

53

28
Q

Nexus clause

A

24

Outlines HOR prevailing over Senate in ‘legislative disputes’

29
Q

Aliens

A

51(xix)

Thoms v. the Cth 2020

30
Q

GG as Queen’s rep

A

2

31
Q

Proroguing of prlt

A

5

32
Q

Concurrent powers

A

51

Many favour states

33
Q

Executive power vested in the GG/Queen

A

61

34
Q

GG acts on advice of FEC

A

63

35
Q

GG appoints ministers to the FEC

A

62

36
Q

GG can appoint and dismiss ministers at their pleasure

A

64

‘The Dismissal’ of 1975

37
Q

GG is commander in chief of naval/military forces

A

68

38
Q

Judicial power vested in the HCA

A

71

39
Q

GG can appoint and remove justices of the HCA and other federal courts with security of tenure

A

72

(ii) “on the ground of proved misbehaviour or incapacity”

40
Q

Appellate jurisdiction of the HCA

A

73

  • Mallard v. the Queen 2005*
  • Mabo v. Qld 1992*
  • Timber Creek 2019*
41
Q

Original jurisdiction of the HCA

A

75

42
Q

Additional original jurisdiction of the HCA

A

76

(i) - arising under the Constitution - Cole v. Whitfield (1988), Railway Servants Case (1906), The Engineers Case (1920), Love and Thoms v. Cth (2020)
(ii) - arising under any act of parliament - Timber Creek 2019

43
Q

Right to a trial by jury for federal, indictable offences

A

80

Human right

44
Q

State protections

A

7 - the Senate protects the states

106 - validity of state constitutions

107 - state governments

45
Q

Cth law is superior to state law

A

109

46
Q

Freedom of religion

A

116

Human right

47
Q

Freedom from discrimination against residents based on state of residing

A

117

Human right

Street v. QLD Bar Association 1989

48
Q

Formally changing the Constitution

A

128

LMCG 12 POL (6 decks)

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