Legal Foundations - L3 Structure of Parliament Flashcards
What is the correct legal title for Australia’s Constitution?
Commonwealth of Australia Constitution Act 1900
Identify two things the Constitution sets out.
- The laws Federal Parliament may pass
- How Federal Parliament administers those laws
- The way the High Court works
- How the federal government interacts with the state and territory governments (division of powers)
The Constitution separates the functions of the legal system between the parliament, the executive and the judiciary to ensure that power is not too heavily concentrated in one area. Outline the role of each function.
Parliament - makes new law and amends existing law.
Executive - puts the law into action / administers the law.
Judiciary - interprets the law and makes judgements about the law.
Who is the executive power of the Commonwealth vested in?
Who is the executive power exercisable by?
Executive power is vested in the King. ie. King Charles III as our Head of State.
Executive power of the King is exercisable by the Governor General as the King’s representative.
What are the two houses of Commonwealth / Federal parliament?
The House of Representatives
The Senate
Identify two key roles of the House of Representatives
- Represents majority interests / represent the interests of voters in electorates.
- Introduces bills.
- Reviews bills passed by the upper house.
- Holds government (political party, or parties in coalition, which holds the majority of seats).
How many members are there in the HoR?
How many senators are there in the Senate?
151 Members of Parliament (MPs) in the House of Representatives - each representing an electorate of approx 110,000 people.
76 Senators in the Senate - 12 for each state and 2 for each territory.
Identify two key roles of the Senate
- Represent interests of the States and Territories.
- Reviews bills passed by the lower house.
- Introduces bills.
- Known as the ‘house of review’ because most bills are introduced in lower house.
Identify two other names for the House of Representatives.
The Lower House
The Peoples’ House
Identify two other names for the Senate
The Upper House
The States’ House
The House of Review
What is the main role of the Governor General (GG) with regard to law making?
To give Royal Assent (formal approval) to new laws after the Bill has been passed by both houses of parliament.
Identify the three levels of government in Australia.
Federal - make laws for whole of Australia
State/Territory - make laws for respective State or Territory
Local Councils - make local laws (by-laws) for their region or district
What are exclusive powers?
Provide at least one example.
Powers given exclusively to the Commonwealth / Federal Parliament in the Constitution.
Eg. Defence, currency, citizenship, marriage
What are concurrent powers?
Provide an example.
Powers that the Constitution states are shared between the Commonwealth and the States.
Eg. Taxation, education, health.
What are residual powers?
Provide an example.
Powers that are not addressed in the Constitution and are therefore retained by the States.
Eg. Criminal law, public transport, urban planning, civil law.
