Constitution sections - Legislature Flashcards
Section 1
Vests power in the Federal parliment made up of queen, senate and hor
Section 2
Governor-general is the Queens representative
Section 7
Same number of senators from each state and Senators are directly chosen by the people
Section 17
The Senate elects a president
Section 24
The Nexus Clause (number of members in the lower house should be approximately twice the number of senators). MHR’s are are directly chosen by the people.
Section 26
Garuntees Tasmania 5 MHR’s - creates malapportionment
Section 28
The House of Reps will exist fir 3 years from first meeting but may be dissolved sooner by the GG
Section 35
The HOR elects a speaker
Section 41
The right to vote (if you have the right to vote in a state election)
Section 51
‘ Parliment to make laws for the peace, order and good government of the commonwealth’.
Contains both exclusive and concurrent powers.
Section 51 xx
Corporations Power
Section 51 xxix
External affairs power
Section 51 xxxi
Acquisition of property ‘on just terms’
Section 51xxxvii
Referral of Powers from states to Commonwealth
Section 51 xxxix
Power over any incidental matters of executive power
Section 52
Exclusive powers of the Commonwealth over the Federal Public Service
Section 53
The senate shall not propose or amend any money bills (Budgetary function of the lower house)
Section 57
Double dissolutions used to resolve a deadlock in parliament
Section 44
Disqualification (from being an mp or senator)
i) a person who is of allegiance or citizenship to a foreign power
ii) under sentence or subjected to be sentenced, for any crime by imprisonment for a year or longer
iii) is an undischarged bankrupt or insolvent
Section 128
Mode of altering the Constitution
- needs majority of vote in majority of states/territories
