Federalism Flashcards

Federation

1
Q

pre 1900

A

.6 colonies
.Sir Henry Parkes speech
.Conventions (Sydney, Melbourne, Adelaide)
.1899 referendum passes

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2
Q

reasons for federaton

A

Defence, immigration, importation, uniform laws and railway systems, national pride

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3
Q

federation date

A

January 1st 1901

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4
Q

the three powers in the division of powers and some examples

A
S51
exclusive (commonwealth only, defence, money, immigration) ,residual(state only, law enforcement, public transport, education, health), concurrent (both, marriage, taxation, trade)
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5
Q

what is S109?

A

Resolves conflicts and inconsistencies between the state and the commonwealth

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6
Q

what is S128?

A

prevents the commonwealth from changing the words in the constitution unless they use referendums

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7
Q

Whats the legislation for the commonwealth?

A

The Commonwealth of Australia Constitution Act (UK)

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8
Q

what are the three tiers of government

A

Federal, State, Local

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9
Q

what is S71

A

The establishment of the high court

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10
Q

what case widened the interpretation of the constitution

A

The Engineers Case 1920

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11
Q

what did the engineers case do

A

the high court got to use a broader interpretation and it widened the interpretation

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12
Q

high court strengths

A

.Acts as a guardian
.Experts in the constitution
.Checks and balances

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13
Q

high court weaknesses

A

.Cannot change the words of the constitution
.Cases have to be brought to the court
. May be conservative in their interpretation

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14
Q

what case gave the commonwealth power to legislate on postal, telegraphic, and other like services?

A

Brislan case 1935

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15
Q

legislations for the Tas Dam case

A

.World heritage conservation Act (1983) TAS

.Hydro electric Power development Act (1982) TAS

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16
Q

first uniform tax case and its legislation

A

.financial shift in the DOP cammonwealth gaining more power

.South Australia vs The Commonwealth of Australia 1942

17
Q

what are tied grants

A

money by the commonwealth given to the states (allows the cmwlth to make laws in residual areas)

18
Q

vertical fiscal imbalance

A

States are financially dependent on the cmwlth

19
Q

what is S96

A

allows cmwlth to grant financial assistance to any state

20
Q

what is S51(ii)

A

cmwlth can legislate on taxation

21
Q

what was the tas dams case?

A

the fight between the cmwlth and the state to and to not build a dam in the franklin area