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Legal studies - unit 4 > outcome 1 > Flashcards

outcome 1 Flashcards

1
Q

What is the role of the Commonwealth Parliament?

A
  • making and changing federal laws
  • represent the people of Australia
  • providing a place where government is formed
  • keeping a check on the work of the government
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2
Q

Examples of federal laws

A
  • immigration laws
  • bankruptcy laws
  • discrimination laws
  • tax fraud, counterfeiting of money
  • trade and commerce
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3
Q

What is the role of the crown?

A

The two main responsibilities of the crown (Governor for Vic and Governor General for Commonwealth) include:
- to grant royal assent
- appoint executive counsel (on advice of the premier and prime minister)

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4
Q

Who and what is the Governor General?

A

The crown’s (king’s) representative at the Commonwealth level who makes decisions on laws on behalf of the king.

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5
Q

Who and what is the minister?

A

A member of parliament (Commonwealth and Victorian) who is a member of the party in government who is in charge of a government department.
E.g. minister of health

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6
Q

What is the opposition?

A

The political party holds the second largest number of seats in the lower house.
The opposition questions the government and is responsible for holding them to account.

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7
Q

What is an Act of parliament?

A

A law made by parliament; a bill that has passed through parliament and has received royal assent.

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8
Q

What is a ‘money bill’?

A

A bill that imposes taxes and collects revenue; also known as an appropriation bill.

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9
Q

What is a bill?

A

A proposal to implement a new law or change an existing law.

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10
Q

What does the term ‘hung parliament’ mean?

A

A situation in which neither major political party wins a majority of seats in the lower house of parliament after an election.

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11
Q

What is the cabinet?

A

The policy-making body made up of the Prime minister and other senior ministers in charger of a range of government departments.
This cabinet decides which bills or legislation should be introduced to parliament.

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12
Q

What is Federation?

A

Federation refers to the unification of the 6 colonies of Australia to create one country that is governed with unity.

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13
Q

When did Federation occur?

A

1st of January, 1901

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14
Q

What does the term ‘sovereignty’ mean?

A

sovereignty relates to the authority of a state to govern itself.

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15
Q

What is the Australian Federation formed by?

A
  • A Commonwealth Parliament
  • 6 State Parliaments
  • 2 Territories
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16
Q

What are the powers of the Commonwealth Parliament?

A
  • specific powers
  • exclusive powers
  • concurrent powers
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17
Q

What is a specific power?

A

specific powers are specified in the constitution

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18
Q

What is a exclusive power?

A

Exclusive powers are powers only the Commonwealth parliament have.
- listen in s51 of the constitution

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19
Q

What is a concurrent power?

A

Concurrent powers are powers to legislate shared by the Commonwealth and the State Parliament.

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20
Q

What are residual powers?

A

Powers left over to the states are considered to be residual powers.
- these powers are not specified and written down in the constitution

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21
Q

State law examples

A
  • law enforcement (police forces)
  • environment
  • public transport (v-line and metro lines)
  • health (COVID rules for different states)
  • education (VCE certificate)
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22
Q

Structure of the Commonwealth Parliament

A
  • the crown
  • the senate
  • the house of representatives
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23
Q

Structure of the Victorian Parliament

A
  • the crown
  • the legislative assembly
  • the legislative counsel
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24
Q

How many seats are in the senate?
How many seats are in the house of representatives?

A

senate - 76 seats
house of reps - 151 seats

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25
Q

The senate - basics

A
  • upper house
  • red house
  • ‘states house’
  • 76 seats
  • each state has 12 representatives
  • each territory has 2 representatives
  • representatives are called senators
  • 6 year office term
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26
Q

The house of representatives - basics

A
  • lower house
  • green house
  • ‘peoples house’
  • represents divisions (Gippsland)
  • 151 seats
  • 3 year office term
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27
Q

What is the role of the senate?

A
  • act as a house of review
  • scrutinize bills through the committee process
  • act as the states house
  • initiate and pass bills
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28
Q

What is the role of the house of representatives?

A
  • initiate and make laws
  • represent the people
  • determine the government
  • control government
  • provide responsible government
  • act as a house of review
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29
Q

Legislative counsel - basics

A
  • upper house
  • 40 seats
  • 4 year office terms
30
Q

Legislative assembly

A
  • lower house
  • 88 seats
  • 4 year office terms
31
Q

What is the role of the Legislative counsil?

A
  • act as a house of review
  • examine the bills through its committees
  • initiate and pass bills
32
Q

What is the role of the Legislative assembly?

A
  • initiate and pass bills
  • form government
  • provide a representative government
33
Q

What is royal assent?

A

Royal assent is something granted by the Governor General on behalf of the King that gives the crown’s approval for the making or changing of laws.

34
Q

What does ‘coalition’ mean?

A

The term ‘coalition’ relates to the process of two or more parties forming an alliance and joining to form government.

35
Q

What is the government?

A

The government is the ruling authority with power to govern, formed by the coalition or party that holds the majority in the lower house in each parliament.

36
Q

What is the difference between the Premier and the Prime Minister?

A

The Premier is the leader of the state government whereas, the Prime minister is the leader of the Federal government.

37
Q

Examples of concurrent powers

A
  • trade
  • taxation
  • marriage and divorce
38
Q

Examples of exclusive powers

A
  • immigration
  • currency
  • defense
39
Q

Examples of residual powers

A
40
Q

Why does the Commonwealth create laws for the Territories?

A

The Commonwealth can create laws for the territories because the territories don’t have sovereignty and therefore come under the Commonwealth. Sections 111 and 122 in the constitution give the Commonwealth power to create these laws.

41
Q

Why might states not be able to make laws on certain areas

A

States may not be able to make laws in certain areas if they don’t directly affect the people of that state. For example, the state government cant make laws on currency as it effects everyone is Australia.

42
Q

S109 of the constitution

A

“Where there is an inconsistency between the State and the Commonwealth law, the Commonwealth law shall prevail, and the State law will be deem to be invalid to the extent of the inconsistency.”

43
Q

Commonwealths Act, Sex Discrimination Act 1984

A

Sates you cannot discriminate or deny a homosexual couple or single women IVF treatment due to their marital status.

44
Q

Victorian Act, Infertility Treatment Act 1995

A

States you cannot receive IVF if you are in a homosexual relationship or if you are a single woman.

45
Q

Why is s109 significant?

A

-It can restrict the states in implementing their own laws
-S109 also prevents inconsistency by dismissing inconsistent state laws
-Imposes a consistent approach to the way that conflict between State and Commonwealth laws will be dealt with
-Provides clarity and consistency

46
Q

Why is s109 insignificant?

A

-It has to be challenged in the court by someone who has standing (relevance)
-Only applies to the extent of the inconsistence. The Act its self is not abolished, just the inconsistent part is just changed.

47
Q

Separation of power

A

A doctrine established by the constitution that ensures the three powers of our parliamentary system remain separate

48
Q

The three powers of the parliamentary system

A
  • executive (run government)
  • legislative (parliament)
  • judicial (courts - federal courts and high courts)
49
Q

Disadvantages of the separation of powers

A
  • the legislative power and the executive power are combined, and not completely separate
  • only provides separation at the Commonwealth level, not the state
  • appointed by the executive
  • less scrutiny
50
Q

Strengths of the separation of powers

A
  • the separation of powers is entrenched in the Australian constitution
  • the executive powers are scrutinized by the legislature
  • judicial powers hold legislative power to account if its unconstitutional
51
Q

The bicameral structure of the commonwealth parliament as an act of parliament

A

Section 1 of the constitution states that the commonwealth parliament has two houses: the upper house (senate) and the lower house (house of representatives).

52
Q

Strengths of the bicameral structure

A

-Allows for review of legislation
-More debate and scrutiny can occur
-Makes senate more likely to review legislation for carefully
-Guarantees periodic elections

53
Q

Limitations of the bicameral structure

A

-considered to be demanding on the government
-law making process is usually more timely because of the process

54
Q

The protection of rights as a check to parliament

A

The Australian constitution contains 5 express rights. These rights are entrenched in the constitution and can only be changed by a referendum.

55
Q

Expressed rights vs implied rights

A

Express rights are rights that are entrenched in the Australian constitution, whereas, implied rights are rights that aren’t exclusively stated in the constitution but are inferred in more than one section of the constitution.

56
Q

5 expressed rights

A

-freedom of religion (s116)
-right to free trade within the commonwealth (s92)
-acquisition of property on just terms (s51)
-commonwealth indictable offences are to be heard by jury (s80)
-right to not be discriminated against because of the state you reside in (s11)

57
Q

strengths of the protection of rights

A

-prevents abuse of power because parliament cant change rights or laws without a successful referendum
-any person who believes that a law infringes on these rights cab take a case to the high court
-express rights cannot be removed by the Commonwealth parliament
-opportunity for the public to be aware of their rights

58
Q

limitations of the protection of rights

A

-can only be changed via referendum
-cost of initiating a court case in the high court is expensive
-Australia has less express rights compared to other countries

59
Q

The role of the High Court as a check to parliament

A

The high court cannot change words in the constitution but they can change the way those words are interpreted.

60
Q

The main 3 roles of the High Court

A

-act as a guardian of the Australian constitution
-acts as a check on any abuse of power
-it gives meaning to words

61
Q

Strengths of the High Court as a check to parliament

A

-judges are independent of the executive so decisions are made on legal principals rather than political pressure
-bring clarity to vague or controversial words within the constitution

62
Q

Limitations of the High Court as a check to parliament

A

-cant intervene unless a case is brought before them
-expensive and timely process
-each individual judge has their own opinions

63
Q

Double majority as a check on parliament

A

A double majority is when a majority of voters vote YES and a majority of voters in a majority of states vote YES

64
Q

strengths of a double majority

A
  • the double majority vote is strict
  • protects smaller states
  • the vote is compulsory
  • the process is lengthy and requires information
65
Q

weaknesses of a double majority

A
  • public may not understand the complexity and may vote ‘no’ out of fear and lack of knowledge
  • double majority is difficult to achieve
  • time consuming and costly
66
Q

weaknesses of a double majority

A
  • public may not understand the complexity and may vote ‘no’ out of fear and lack of knowledge
  • double majority is difficult to achieve
  • time consuming and costly
67
Q

Three stages before a referendum

A
  • must pass both the house of reps and the senate
  • receive a double majority vote
  • receiving royal assent
68
Q

section 7 and section 24 of the constitution

A

section 7 - sets out matters relating to the senate
section 24 - sets out matters relating to the house of reps

69
Q

section 7 of the constitution

A
  • shall be composed of senators for each state
  • senators shall be directly chosen by the people of the state
  • shall be six senators for each original state
  • senators shall be chosen for a term of six years
70
Q

section 24 of the constitution

A
  • shall be composed of the members directly chosen by the people
  • number of members shall be nearly twice as many as the number of senators
71
Q

section 24 of the constitution

A
  • shall be composed of the members directly chosen by the people
  • number of members shall be nearly twice as many as the number of senators

Legal studies - unit 4 (2 decks)

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