Key Sections of the Constitution

Question 1

How many sections are in the Australian Constitution?

Answer 1

128

Question 2

How many chapters are in the Australian Constitution?

Answer 2

8

Question 3

What is Chapter 1 about?

Answer 3

Parliament

Question 4

What is Chapter 2 about?

Answer 4

Executive

Question 5

What is Chapter 3 about?

Answer 5

Judiciary

Question 6

What is Chapter 4 about?

Answer 6

Finance and Trade

Question 7

What is Chapter 5 about?

Answer 7

States

Question 8

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

Answer 8

Constitutional Amendments and just s.128

Question 9

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

Answer 9

The powers of the Governor-General

Question 10

What are the sections 71-80 about?

Answer 10

The Courts

Question 11

What are the explicit rights contained in the Constitution?

Answer 11

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

Question 12

What section outlines the Senate?

Answer 12

Section 7

Question 13

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

Answer 13

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

Question 14

What does Section 51 outline?

Answer 14

Concurrent powers including lighthouses, trade, bankruptcy and marriage

Question 15

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

Answer 15

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

Question 16

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

Answer 16

Section 53

Question 17

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

Answer 17

Section 64

Question 18

What Section defines the original jurisdiction of the High Court?

Answer 18

Section 75

Question 19

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

Answer 19

Section 86 (collect) and Section 90 (control)

Question 20

What Section is the most useless section of the Constitution?

Answer 20

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

Question 21

What Section allows for tied grants?

Answer 21

Section 96

Question 22

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

Answer 22

Section 109

Question 23

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

Answer 23

Section 115

Question 24

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

Answer 24

Section 114

Question 25

What is an implied right?

Answer 25

Rights discovered in the Constitution by the High Court when it interprets the Constitution

Question 26

What are some implied rights discovered in the Australian Constitution?

Answer 26

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)

Question 27

What Section outlines the power of double dissolution?

Answer 27

Section 57