Politics and Law WACE Questions

Question 1

Outline the purpose of Chapter 1 of the Constitution (2 marks)

Answer 1

• Establish the legislative, executive and judicial branches of the Commonwealth government
• Establishes SOP b/w the three branches

Question 2

Compare the Australian executive with that of the non-Westminster system (3 marks)

Answer 2

• AUS - establish Chapter 2, S61 vests exec power with Queen + exercisable by GG
• US exec - establish Article 2, vests exec power with President + Vice-President
• Difference - AUS exec power has flexible powers, compared US spec powers (decide war + app fed judges by Cab approval) - more latitude exercise of power

Question 3

Outline the role the Governor-General performs under S57 of the Commonwealth Constitution (2 marks)

Answer 3

• Dissolve both houses when bill is deadlocked because Senate refuses to pass them in form acceptable in HOR
• Example - ABCC Bill 2016, Peter Consgrove

Question 4

What is meant by ‘accountability’ in the Australian political and legal system (2 marks)

Answer 4

• Being responsible for performance, integrity, conduct and efficiency in AUS political + legal system
• Example - Parliament is held accountable for its functions via elections, committees, processes

Question 5

Distinguish between the AAT and the Auditor-General

Answer 5

• AAT: non-judicial body that reviews/amends decisions made by ministers and public servants
• Aud-Gen: independent officer of the Parliament, app GG
• Diff - AAT assesses merits administrative decisions, but cannot declare unlawful (Robo-Debt), Aud-Gen conducts performance reviews of pub service, departments + agencies

Question 6

What is the ‘charter of rights’ (2 marks)

Answer 6

• Legal document that codifies particular rights, enshrines in the law + specifies how they are to be protected
• Constitutional or statutory
• Statutes that give ICCPR status of law in three Australian jurisdictions - VIC, ACT, QLD

Question 7

Outline the status of any three international covenants, protocols or treaties in Australia (3 marks)

Answer 7

• Many UN conventions ratified/legislated into AUS law CW/State levels
• AHRC Act established AHRC - mediates rights/issues
• INT Conv on the Elim of All Forms RD - leg Race Discrimination Act
• Convention of the Rights Indigenous People - not legislated but agree abide by them

Question 8

Outline what is meant by the ‘separation of power’ (2 marks)

Answer 8

• The doctrine that the powers to make laws, carry them out and interpret their meaning should be separated and checked
• The three powers above should be checked and balanced by different institutions

Question 9

Outline what is meant