overview of this topic

Question 1

define Australian Constitution

Answer 1

a set of rules and principles that guide the way Australia is governed. The Australian Constitution is set out in the Commonwealth of Australia Constitution Act

Question 2

define common law

Answer 2

law made by judges through decisions made in cases. Also known as case law or judge-made law (as opposed
to statute law

Question 3

define constitutional monarchy

Answer 3

a system of government in which a monarch is the head of state and a constitution sets out the powers of the parliament

Question 4

define Federation

Answer 4

the union of sovereign states that gave up some of their powers to a central authority to form Australia

Question 5

define government

Answer 5

the ruling authority with power to govern, formed by the political party or parties (known as a coalition) that holds the majority in the lower house in each parliament. The members of parliament who belong to this political party form the government

Question 6

define High Court

Answer 6

the ultimate court of appeal in Australia and the court with the authority to hear and determine disputes arising under the Australian Constitution

Question 7

define judiciary

Answer 7

a legal term used to describe judges as a group (i.e. judicial officers who have the power to apply and interpret
the law) as well as the courts as an institution (i.e. one of the three branches of government)

Question 8

define law reform

Answer 8

the process of constantly updating and changing the law so it remains relevant and effective

Question 9

define legislature

Answer 9

a legal term used to describe the body having the primary power to make law (i.e. parliament)

Question 10

define parliament

Answer 10

a formal assembly of representatives of the people that is elected by the people and gathers together to make laws

Question 11

define representative democracy

Answer 11

a system of government in which all eligible citizens vote to elect people who will represent them in parliament, make laws and govern on their behalf

Question 12

define responsible government

Answer 12

a legal principle which requires the government to be answerable to elected representatives of the people for its actions and which requires the government to maintain the confidence of the majority of the lower house

Question 13

define rule of law

Answer 13

the principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing and able to obey them

Question 14

define separation of powers

Answer 14

a doctrine established by the Australian Constitution that ensures the three powers of our parliamentary system (i.e. executive power, legislative power and judicial power) remain separate

Question 15

define statute law

Answer 15

law made by parliament; also known as Acts of Parliament or legislation (as opposed to common law)

Question 16

define statutory interpretation

Answer 16

the process by which judges give meaning to the words or phrases in an Act of Parliament (i.e. a statute) so it can be applied to resolve the case before them

Question 17

the federation of australia

Answer 17

To understand the Australian Constitution and its origins, it’s essential to grasp the process of Australia’s Federation. Before British colonisation in 1788, First Nations peoples had already developed sophisticated systems of law and governance, making their cultures the world’s oldest living cultures. By the end of the 19th century, Australia had six separate British colonies, each with its own legislative powers.

Question 18

summary of how parliament was formed

Answer 18

• In the 1870s and 1880s, British colonists were concerned about non-British immigration and the lack of a unified immigration policy.
• There was a push for a central government to create consistent laws for the entire nation, addressing issues like defense, immigration, rail transport, tariffs, and trade.
• By the 1880s, the six colonies began formal discussions about federation and the division of law-making powers between central and local authorities.
• In the 1890s, each colony sent representatives to constitutional conventions where they agreed to establish a central Commonwealth Parliament.
• A draft Federal Constitution Bill was prepared and voted on by the Australian people in 1898 and 1899, with a majority of voters in each colony approving it.

Question 19

how the constitution was formed

Answer 19

• The constitutional conventions and the voting led to the Federation of Australia.
• With Britain’s approval, the separate colonies became states with their own parliaments, and a central Commonwealth Parliament was established.
• The formal document for federation is the Commonwealth of Australia Constitution Act.
• This Act came into force on 1 January 1901 and contains the Australian Constitution.

Question 20

what does it mean by australia is a constitutional monarchy?

Answer 20

Australia is a constitutional monarchy, meaning it has a monarch (i.e. the King) as the head of state and a constitution that sets out the rules for how Australia is governed and the framework for our current parliamentary system.

Question 21

what does it mean by australia is a representative democracy?

Answer 21

Australia is also a representative democracy because the people elect representatives to parliaments to make law and change the law, and govern, on their behalf.

Question 22

The Australian Constitution established a federal
parliamentary system that consists of:

Answer 22

• one national (or federal) parliament (called the Commonwealth Parliament), which has the power
  to makes laws that concern, and that apply to, the whole of Australia
• six state parliaments, which have the power to make laws that concern, and apply within the
  boundaries of, their state

Question 23

Australia has two mainland territories that have their own elected parliament to make laws that apply within the territory.
Therefore, there are nine parliaments in Australia:

Answer 23

• the Commonwealth Parliament (the central or federal parliament)
• six state parliaments (Victoria, New South Wales, Queensland, South Australia, Tasmania, and
  Western Australia)
• two territory parliaments (Australian Capital Territory and the Northern Territory).

Question 24

the Australian Constitution also
set out …

Answer 24

• In addition to creating the Commonwealth (or federal) Parliament, the Australian Constitution also
  set out its structure and law-making powers and established principles and mechanisms to ensure the
  parliament does not make law beyond these powers.
• For example, the Australian Constitution established the High Court of Australia to interpret and
  resolve disputes over the meaning of the Constitution

Question 25

explain the westminister system

Answer 25

• The Australian Constitution ensures that the High Court and other federal courts are independent of the parliament and government.
• This principle of an independent judiciary is a feature of the Westminster system, which influences Australia’s parliamentary system.

Question 26

Two features of the Westminster system are:

Answer 26

• The Principle of Responsible Government
• Principle of Separation of Powers

Question 27

Principle of Separation of Powers

Answer 27

• Ensures that no single body (parliament, executive, or court) holds all three main law-making powers:
• Power to make the law
  Power to administer or enforce the law
  Power to interpret the law

Question 28

Principle of Responsible Government

Answer 28

• The government (executive) is accountable to the parliament and must answer for its actions.
• Direct elections hold the government accountable to the people, as failure to act in their best interest can result in not being re-elected.

Question 29

Independent Interpretation by Courts

Answer 29

Courts can independently interpret how the law is to be applied without political or government pressure.

Question 30

Parliamentary Structure in Australia

Answer 30

• The Commonwealth Parliament must have two houses according to the Australian Constitution.

State and territory parliaments have their own constitutions outlining their structure:
- All state parliaments except Queensland have two houses.
- Queensland has a single-house parliament.
- The Northern Territory and Australian Capital Territory also have single-house parliaments.

Question 31

Law-making by parliament
and courts - Parliament

Answer 31

Role of Parliament:
- To create laws on behalf of the people.

Law-Making Process:
- A proposal for a law is called a bill.
- Once approved and receives royal assent, it becomes statute law (an Act of Parliament).

Jurisdiction:
- State parliaments make laws for their respective states.
- The Commonwealth Parliament makes laws for the entire country.

Supremacy and Law-Making:
- Parliament is the supreme law-making body within its constitutional limits.
- Courts also have the ability to interpret and influence the law.

Question 32

define bill

Answer 32

a proposed law that has been presented to parliament to become law. A bill becomes an Act of Parliament once it has passed through all the formal stages of law-making (including royal assent)

Question 33

define royal assent

Answer 33

the formal signing and approval of a bill by the Governor-General (at the Commonwealth level) or the governor (at the state level), after which the bill becomes an Act of Parliament (also known as a statute)

Question 34

Law-making by parliament
and courts - Courts

Answer 34

Role of Courts:
- Apply existing laws and legal principles to resolve disputes and hear cases.

Law-Making by Courts:
- Judges in superior courts (Supreme Court and High Court) can make and change law through their decisions.
- This type of law is known as common law (or case law).

Complementary Role:
- Courts have a complementary role to parliament in law-making.

Question 35

Judges’ Role in Law-Making

Answer 35

• In certain cases, judges in superior courts can create new legal principles.
• They can clarify the meaning of words in statutes (Acts of Parliament) to apply the law to specific disputes, known as statutory interpretation.
• Courts can declare laws invalid if they exceed or go beyond the parliament’s law-making power.

Question 36

The need for law reform

Answer 36

Purpose of Laws:
- To protect society and ensure it functions in an orderly and peaceful manner.
- Provide guidelines for acceptable behavior to prevent or minimize conflict.

Effectiveness of Laws:
- Laws must be relevant and acceptable to the majority to gain respect and compliance.
- Laws need to evolve with changing community views, values, technological advancements, and living conditions.

Law Reform:
- The process of changing laws to reflect new community values and advancements.

Question 37

The meaning of the rule of law

Answer 37

Rule of Law:
- Applied in criminal and civil justice systems, and through the Australian Constitution, parliament, courts, and law reform.

Key Principle:
- Everyone, including individuals, groups, and government officials, must adhere to the law.
- No one, regardless of authority or position, is above the law, including lawmakers, government leaders, judges, and public officials.

Effective Laws:
- Laws should be fair and clear so that people are willing and able to follow them.