introduction to law-making powers

Question 1

define concurrent powers

Answer 1

powers in the Australian Constitution that may be exercised by both the Commonwealth and the states (as opposed to residual powers and exclusive powers)

Question 2

define exclusive powers

Answer 2

powers in the Australian Constitution that only the Commonwealth Parliament can exercise (as opposed to residual powers and concurrent powers)

Question 3

define Governor

Answer 3

the King’s representative at the state level

Question 4

define Governor-General

Answer 4

the King’s representative at the Commonwealth level

Question 5

define House of Representatives

Answer 5

the lower house of the
Commonwealth Parliament

Question 6

define Legislative Assembly

Answer 6

the lower house of the
Victorian Parliament

Question 7

define Legislative Council

Answer 7

the upper house of the
Victorian Parliament

Question 8

define legislative power

Answer 8

the power to make laws, which resides with the parliament

Question 9

define residual powers

Answer 9

powers that were not given to the Commonwealth Parliament under the Australian Constitution and which therefore remain solely with the states (as opposed to concurrent powers and exclusive powers)

Question 10

define royal assent

Answer 10

the formal signing and approval of a bill by the Governor-General (at the Commonwealth level) or the governor (at the state level) after which the bill becomes an Act of Parliament (also known as a statute)

Question 11

define Senate

Answer 11

the upper house of the Commonwealth Parliament

Question 12

define statute

Answer 12

a law made by parliament; a bill that has passed through parliament and has received royal assent (also known
as legislation or an Act of Parliament)

Question 13

define constitution

Answer 13

a set of rules and principles that guide the way a country or state is run. Some countries have unwritten constitutions; others have formal written constitutions

Question 14

define Australian
Constitution

Answer 14

a set of rules and principles that guide the way Australia
is governed. The Australian Constitution is set out in the
Commonwealth of Australia Constitution Act

Question 15

define referendum

Answer 15

the method used for changing the wording of the Australian Constitution. A referendum requires a proposal to be approved by the Australian people in a public vote by a double majority

Question 16

define bill of rights

Answer 16

a document that sets out the most important rights and/or freedoms of the citizens in a particular state or country (also known as a charter of rights)

Question 17

introduction to the australian constitution

Answer 17

• A constitution sets rules and principles for the nature, functions, and limits of government.
• It determines the powers and duties of the government.
• Many countries have constitutions, including Canada, India, New Zealand, the United States, and the United Kingdom.
• Australia has a formal written constitution known as the Australian Constitution or the Commonwealth Constitution.
• The Australian Constitution is contained in the Commonwealth of Australia Constitution Act.
• It came into effect on 1 January 1901 after citizens in each separate colony voted to federate.
• The Australian Constitution is relatively short compared to other significant legal and political documents.

Question 18

features of the australian constitution

Answer 18

• The Australian Constitution does not cover all aspects of governance (e.g., it does not mention the Prime Minister).
• It contains key features of Australia’s system of government, including:
  
  • Establishing the Commonwealth Parliament and outlining its structure, including the composition of the House of Representatives and the Senate.
  • Establishing the High Court of Australia and granting it powers to interpret the Constitution.
  • Setting out matters relating to the states, such as the continuation of state laws unless altered or repealed.
  • Establishing the law-making powers of the Commonwealth Parliament.
  • Providing a mechanism for changing the wording of the Australian Constitution through a referendum.

Question 19

explain the bill of rights

Answer 19

• Some countries’ constitutions include a bill of rights, but the Australian Constitution does not.
• A bill of rights protects basic human rights (e.g., freedom of speech).
• The Australian Constitution protects a limited number of rights, such as the right to a trial by jury for indictable Commonwealth offences.
• The Constitution provides checks to ensure all government areas operate consistently with key democratic principles.

Question 20

The Australian Constitution establishes the central systems and foundations of Australia’s political and legal systems, such as:

Answer 20

• The Commonwealth Parliament
  
  • The High Court of Australia
  • The referendum process
  • The division of law-making powers