Constitution Part A

Question 1

Residual powers

Answer 1

Non specific
States ONLY
e.g roads, education

Question 2

Concurrent powers

Answer 2

Specific power
State and commonwealth
Section 109 overrules

Question 3

Exclusive powers

Answer 3

Specific power

Commonwealth ONLY

Question 4

Section 109

Answer 4

Any conflict between cwlth and state legislation

Cwlth will override state law leaving it invalid if inconsistency.

Question 5

Commonwealth restrictions

Answer 5

Residual powers
Religion
Just acquisition of property
Jury
Interstate trade
State discrimination
S. 128

Question 6

State parliament restrictions

Answer 6

Exclusive powers
Currency
Establishing military
Customs duties

Question 7

Section 128

Answer 7

Referendum process explained

Double majority etc

Question 8

Double majority

Answer 8

So larger states can’t dominate
4/6 states
Majority across whole country

Question 9

Process of referendum/change

Answer 9

Made into bill
A)passed by majority of houses or b) bill passed by majority in one house but not other
If b) gg may submit proposal
2-6 months later referendum presented to voters
If success royal assent

Question 10

To be successful a referendum must be passed by…

Answer 10

Majority of voters in Aus. (S. 128 requirement)
Majority of voters in a majority of States (s. 128)
Majority of votes in any state greatly affected

Question 11

Reasons referendum may fail

Answer 11

Strict formula (double majority)
Proposal complexity (hard to understand)
Lack of bipartisan support
Suspicion of politicians motives
Desire to maintain states rights
How much it will impact the const.

Question 12

Referendum that changed the division of law making powers

Answer 12

1967: equal citizenship rights for aborigines

Question 13

1967 referendum. What happened?

Answer 13

S. 51 (so they could make laws for aborigines) and s.127 (removed)
Allowed for uniformity instead of being residual
Impact: s.109 stopped inconsistency, racial discrimination act could not have been made to protect everyone without this success.
Became concurrent
Expanded cwlth power

Question 14

Role of the high court in interpreting the commonwealth constitution

Answer 14

Checks and balances on exec and leg powers
Read, interpret and apply to cases.
Interpret to keep pace with modern demands
Powers from s.75 (to hear cases) and s.76 (original jurisdiction)
Significant role in affecting the balance of power between cwlth and states since 1903
Greater impact than referenda when changing the law making capacity of parliaments

Question 15

When does the high court hear a case

Answer 15

Where the cwlth has interfered with residual powers
When states have interfered with exclusive powers
Disagreements between 2+ states over law making powers

Question 16

Commonwealth v. Tasmania (1983)

Answer 16

Tasmania challenged the World Heritage Properties Conservation Act 1983
Decision: HC found that cwlth had power to fulfil treaties

Question 17

Impact of Tasmania dam case

Answer 17

Expanded cwlth power into residual
Allowed broad changing legislation
Human rights (sexual conduct) act 1994 which favoured the croom case. 
Made some legislation invalid via s.109

Question 18

Brislan case (1935)

Answer 18

Wireless devices and other like services
Jones case expanded into TV
Expanded cwlth power

Question 19

Impact of Brislan case

Answer 19

Can regulate other like services (technological advancements)

Question 20

Referral of powers

Answer 20

Not all states need to agree
Individual states can refer power
E.gs defacto- everyone but WA for ex nuptial children, terrorism- all with conditions that the Criminal Code Amendment (terrorism) act 2003 not be amended without consultation of states

Question 21

Mirror legislation

Answer 21

Each state has identical legislation for consistency
Advantage: allows greater control for states to repeal and change legislation
Disadvantage: when one state amends inconsistency occurs

Question 22

Law making powers

Answer 22

Specific- exclusive, concurrent

Residual