Legal Flashcards
Section 51
Legislative powers of the commonwealth
Gives parliament the power to make laws for the peace, order and good government of the commonwealth
Section 109
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
Section 128
Mode of altering the constitution Through referendum Passed by both houses Double majority Mostly unsucsesful Only 4 in Australia's history
Section 44
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
What features of the constitution makes changing it possible
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
Responsible government
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
Reserved powers
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
Three levels of govenment
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
Separation of Powers
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