Definitions

Question 1

Referendums

Answer 1

both houses - referendum - double majority - royal assent, usually increases cth power

Question 2

Referral of powers

Answer 2

States have to pass a bill referring a certain power, and in turn the Commonwealth has to pass a bill accepting this power. States often do this when they see that the law will be formulated, executed, and applied best by the Commonwealth. Referral of powers allows for consistency across the states

Question 3

Uniform legislation

Answer 3

Uniform legislation refers to those bills that seek to harmonise legislation across a number of jurisdictions. This structure requires cooperation between different bodies where it is considered appropriate to take a nationally consistent legislative approach to an issue or matter

Question 4

DTO + CMD

Answer 4

combines a term of imprisonment with drug treatment where the imprisonment is suspended, magistrates or supreme court as of 2017, accused - reduces relapse and recidivism, offers rehab, treatment, reintegration, community - less reoffending keeps community protected in the long term, more effective deterrent than imprisonment, cheaper

Question 5

Imprisonment

Answer 5

sentence of last resort as it is the most severe punishment, usually a non-parole period set, e - expensive for taxpayers, doesn’t deter or rehab, only provides short-term community protection, victim’s voices not heard, r - respond to the underlying causes of the crime

Question 6

Negotiation and Settlement

Answer 6

parties discuss agreements to solve civil disputes outside of court, collaborative law, e - custom win win scenario, future and interest based, voluntary, informal, eg, ATO and a taxpayer or two neighbours

Question 7

Conciliation and Arbitration

Answer 7

C - TP conciliator, neutral decision in court/tribunal, advice/suggestions, not binding, A - neutral TP, tribunal, binding, voluntary, formal, e - time/cost effective, C nonbinding, smoother/simpler than court, not as formal, however private = lack of transparency

Question 8

Federalism, shared sovereignty, bicameral system

Answer 8

general government with regional government to divide powers between states and commonwealth, two houses of parliament

Question 9

Vertical fiscal imbalance

Answer 9

disiparity between the three levels of government and their obligations

Question 10

why follow int law

Answer 10

self-interest, fear of punishment, isolation and disorder, identification with int norms

Question 11

int vs aus law

Answer 11

legislative body and law enforcement non-existent in int. law, ICJ needs states to submit to jurisdiction, int legislation and resolutions not binding, common law precedents in both

Question 12

Geneva Convention and Rome Statue

Answer 12

do little to deter states from committing int crime as unenforceable and no sanctions for wrongdoing

Question 13

Ukraine v Russian Federation

Answer 13

ICJ, R claims genocide of R speakers in Donbas and other regions under article II of the genocide convention as well as self-defence