Governance in Australia Flashcards
Unit 3, Topic 1
Constitution
The set of rules by which a country is run, which sets out the powers and responsibilities of the governing bodies within a state or country.
Referendum
A vote that is taken concerning a proposal in which the entire electorate votes on ( the states before 1901 posted a referendum about creating the constitution to each of its respective citizens who then voted)
What section of the constitution created the ACT?
s125
Tariff
A tax or duty to be paid on a particular class of exports
What does s(51) of the constitution state?
The powers that can be exercised by the commonwealth. These include: - External Affairs - Military - Census - Currency
State the original five functions of the constitution?
- Recognise the six colonies and maintain their powers (residual)
- Create and outline the powers of a central government
(Exclusive) - Regulate relations between the commonwealth and the states
- To create a common market and external customs tariffs
- To ensure the basic rights of Australian citizens.
State the roles of the HCA?
The HCA is responsible for being the guardians of the constitution
- Interprets the constitution and settles disputes around its interpretation
ex) The Tasmanian Dam Case - The ultimate court of appeal
What is the purpose of s(44) of the constitution?
To outline the qualifications of a member of parliament
ex. One who is not in any way tied to a foreign power(citizenship?), is an Australian citizen, is not bankrupt.
Define the Westminister Principle and explain its relationship to the separation of powers?
It is a parliamentary system developed by Britain which maintaines the clear distinction between the heads of government. However, in the separation of powers doctrine maintained by the Australian Constitution, there is an overlap between the executive and legislative branches of the government, because ministers are elected into parliament and then direct the police forces to implement and carry out the law