History and Influences

Question 1

What is a Constitution?

Answer 1

A set of rules which: > Create a body > Define authorities > Give powers > Impose limits

Question 2

What is the full name and date of the Australian Consitution?

Answer 2

Consitution of the Commonwealth of Australia 1901.

Question 3

UK influence: Name 3 important cases?

Answer 3

1) Prohibitions del Roy 1607 2) Case of Proclamations 1611 3) Entick v Carrington

Question 4

Explain the importance of ‘Prohibitions del Roy 1607’?

Answer 4

Established the King cannot try a case, only the judiciary can.

Question 5

Explain the importance of ‘Case of Proclamations 1611’?

Answer 5

Established the King cannot make laws, only the Parliament can.

Question 6

Explain the importance of ‘Entick v Carrington’?

Answer 6

Established the Executive cannot do coercive things without source of power allowing it.

Question 7

USA Influence: Explain the importance of MARBURY V MADISON?

Answer 7

Established the Consitution is the *supreme* law so Acts can be reviewed and changed if necessary.

Question 8

Switzerland Influence: Explain how they influenced Australian law?

Answer 8

Established the “people’s power” to amend the Consitution by referendum.

Question 9

Name the 1-2 major influences each of UK, USA, and Switzerland on Australian law?

Answer 9

UK - Responsible gov’t and rule of law USA - Judicial review and seperation of powers Switzerland - Amendment by referendum