Key Sections of the Constitution Flashcards

(27 cards)

1
Q

How many sections are in the Australian Constitution?

A

128

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2
Q

How many chapters are in the Australian Constitution?

A

8

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3
Q

What is Chapter 1 about?

A

Parliament

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4
Q

What is Chapter 2 about?

A

Executive

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5
Q

What is Chapter 3 about?

A

Judiciary

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6
Q

What is Chapter 4 about?

A

Finance and Trade

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7
Q

What is Chapter 5 about?

A

States

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8
Q

What is Chapter 8 about and how what sections are contained in Chapter 8?

A

Constitutional Amendments and just s.128

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9
Q

What are the Sections 61, 62, 63, 64, 67 and 68 about?

A

The powers of the Governor-General

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10
Q

What are the sections 71-80 about?

A

The Courts

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11
Q

What are the explicit rights contained in the Constitution?

A

Right to vote at the time of federation - Section 41
The Commonwealth can only acquire property from any State or person “on just terms” - Section 51(xxxi)
Right to trial by jury for a federal indictable offense - Section 80
All “trade, commerce and intercourse among the States shall be absolutely free” - Section 92
Freedom of religion - Section 116
Protection against discrimination for State of origin - Section 117

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12
Q

What section outlines the Senate?

A

Section 7

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13
Q

What section is the “nexus clause” and what does it describe?

A

Section 24 entails that the House of Representatives must be twice the size of the Senate and no original state may have less than 5 members

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14
Q

What does Section 51 outline?

A

Concurrent powers including lighthouses, trade, bankruptcy and marriage

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15
Q

What are three important parts of Section 51 of the Constitution?

A

Taxation (ii)
Corporations Power (xx)
External Affairs Power (xxix)

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16
Q

What Section only allows the Lower House to create and amend money bills?

17
Q

What Section was used by Kerr to dismiss Whitlam as the Prime Minister?

18
Q

What Section defines the original jurisdiction of the High Court?

19
Q

What two Sections give the Commonwealth the exclusive power to collect and control customs and excise taxes?

A

Section 86 (collect) and Section 90 (control)

20
Q

What Section is the most useless section of the Constitution?

A

Section 87. A.K.A. The Braddon Blot that expired after 10 years and started the shift in the federal balance

21
Q

What Section allows for tied grants?

22
Q

What Section states that the Commonwealth Law prevails over State Law in the event of any inconsistency?

23
Q

What Section gives the Commonwealth the exclusive power to coin money?

24
Q

What Section gives the Commonwealth the exclusive power to raise armed forces?

25
What is an implied right?
Rights discovered in the Constitution by the High Court when it interprets the Constitution
26
What are some implied rights discovered in the Australian Constitution?
Implied right to political communication (Nationwide News v Wills 1992) Implied right to vote (Roach v Electoral Commissioner 2007 and Rowe v Electoral Commissioner 2010)
27
What Section outlines the power of double dissolution?
Section 57