Legal Flashcards

1
Q

Section 51

A

Legislative powers of the commonwealth

Gives parliament the power to make laws for the peace, order and good government of the commonwealth

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2
Q

Section 109

A

Deals wth inconsitiencies tht may arise within the law bestween state and commonwealth

Arises from responsibilities of residual powers between both govenments

ICommenwealth law will privial over states

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3
Q

Section 128

A
Mode of altering the constitution
Through referendum 
Passed by both houses
Double majority
Mostly unsucsesful
Only 4 in Australia's history
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4
Q

Section 44

A

Prohibits dual citizenship from serving in parliament
Decision made in best interest of Australia

2017 multiple members referred to high court over eligibility
Eg Barnaby Joyce

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5
Q

What features of the constitution makes changing it possible

A
Section128
Bill has to be created and passed though both houses of parliament 
Then turned into a referendum
Needs to be passed by a double majority
Signed off by governor general
Lengthy process
Most not pass
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6
Q

Responsible government

A

Democracy
Work together with the separation of powers to ensue all citizens are heard
Citizhens vote other citizens to represent them in parliament
Representitives expected t act in the best interest of public, make legislation for the good governance of the commonwealth
Government responsible to their people

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7
Q

Reserved powers

A

Held by Govener General
Allows to act independently
Only to be used in must situations
Can disolve both houses of parliament in a double dissolution
Call for an election
Only used 4 times in Australias history
1905 allowed alfred dekin to replace George reid as PM without election

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8
Q

Three levels of govenment

A

Federal
State
Local

Fedeal: Effect entire country: Tax posta services, defence force, airports

State: Affect states: law courts, education

Local: Local area: Rubbish, local roads

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9
Q

Separation of Powers

A

Three arms: Parliment, ececutive, judicary

Ensures no indivigial body has complete control
How laws are made, interpreted, enforced
Kept separate to maintain just and equitable
Rule of law
For the good governance of Ausralia

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