Constitution Sections Flashcards
Section 109
If there is inconsistency between State and Commonwealth law, Commonwealth law will always prevail and make the other invalid.
Section 51
Outlines the concurrent powers between the State and Commonwealth governments.
Section 73
Outlines the appellate jurisdiction for the High Court.
Section 71
Creates the High Court.
Section 96
Tied grants, allows the commonwealth after a period of ten years to give financial assistance to the states under the terms and conditions that the commonwealth provides.
Section 53
Makes the Senate equal in power to the House of Representatives except for the fact that it cannot create nor amend money bills.
Section 75 & 76
Outlines the original jurisdiction of the high court which includes conflict between the states, conflict with the commonwealth and the interpretation of the constitution.
Section 57
Outlines the remedy for a disagreement between the two houses of parliament through a double dissolution election.
Section 105 A
Added by the 1928 state debts referendum, it allows the Commonwealth to assume and manage state debts.
Section 128
Allows for referendums to be conducted in order to formally change the constitution.
Section 51 xxix)
Allows the Commonwealth to legislate in terms of ‘external affairs’ which essentially allows the Commonwealth to create laws concerning anything external to Australia.
Section 51 ii)
Allows the Commonwealth and States to legislate in reference to taxation, which allowed for the 1942 Income Tax act and its effects to take place.
Section 86
Gives the commonwealth the right to collect custom and excise duties.
Section 128
Outlines the pathway for altering the constitution through referendum.
Section 92
Establishes free trade within Australia between all the states
Section 51 xxix)
Allows the Commonwealth to legislate in terms of ‘external affairs’ which essentially allows the Commonwealth to create laws concerning anything external to Australia.
Section 7
Creates and defines the Senate as the states house
Section 24
Creates and defines the House of Representatives as the people’s house, incorporates the nexus clause, and also limits the minimum number of House members of any state to five
Section 72
Ensures that the Judiciary is not influenced by the executive by restricting them from dismissing Justices or reducing their pay.
Section 15
Outlines the procedure for a vacancy in the Senate, reoffered to as casual vacancy. When an elected member retires, a member from that same party replaces the vacancy. This was as a result of the 1977 Senate casual vacancy referendum.
Section 26
Designates the original number of members from the House of Representatives to be awarded to each state.
Section 34
Outlines the qualifications for a member of the House of Representatives, enforces the political participation of citizens.
Section 58
The requirement that bills must receive royal ascent before they can be passed as law.
Section 61
Vests executive power in the Queen and in the Governor General on the Queens behalf.
Section 62
Creates the federal executive council (ministry) and gives the Governor General the right to choose and dismiss members of the council at their own discretion.
Section 94
The Commonwealth may use tied grants after five years of the existence of the Commonwealth.
Section 64
Allows the Governor General to appoint and dismiss ministers of state.
Section 116
Ensures that citizens are not discriminated against due to religion.
Section 41
Gives citizens the right to vote.
Section 51 (xx)
Gives the Commonwealth the power to legislate with respect to corporations.
