Principles of Australian Government

Question 1

What are the 3 branches of government? Under what Const. sections?

Answer 1

Legislative - s 1
Executive - s 61
Judiciary - s 71

Question 2

Why is there a seperation of powers?

Answer 2

“Power corrupts and absolute power corrupts absolutely”

Designed to provide checks and balances on the exercise of powers.

WILSON V MINISTER FOR ABORIGINAL POWERS

Question 3

“An act of the legislature repugnant…”?

Answer 3

“…to the Consitution is void” - i.e. Constitution is the supreme law

MARBURY V MADISON

Question 4

Name 4 central elements of ‘responsible government’?

Answer 4

1) Executive Ministers must be made up of Members of Parliament
2) Ministers must have the “confidence” of the House - i.e. a majority vote
3) Without confidence, the party/leader must resign
4) Executive gov’t (including Ministers and PM) rely on Parliament for funding/apportionment

Question 5

Which Const. section gives Governor-General power on behalf of the Queen?

Answer 5

s 61

Question 6

Which Const. section gives Executive Council power to advise the Governor-General?

Answer 6

s 62

Question 7

“Governor-General in Council”?

Answer 7

Governor-General acting with the advice of the Executive.

s 63

Question 8

Who are ‘departmental officers’ and who appoints them?

Answer 8

Ministers of particular departments made up Senators or members of the House of Representatives.

Appointed by the Governor-General.

Question 9

What are “Constitutional Conventions”?

Answer 9

Rules, practices, or understanding which are not actually laws but do regulate conduct of officials.

“Constitutional morality” as claimed by AV Dicey (author)

Question 10

What is the Governor-General? Do they have powers?

Answer 10

Watch-dog of responsible government who follows advice but has 3 ‘reserve powers’ which are not often used.

Question 11

What are the 3 ‘reserve powers’ of the G-G?

Answer 11

1) Appointment and dismissal of PM and Premiers
2) Refusal of advice to dissolve Parliament
3) Power to dissolve parliament without advice

Question 12

If the G-G refuses to dissolve Parliament, what 3 things will they consider in their decision?

Answer 12

1) Need to guarantee ‘supply’ (i.e. funding) for the public service
2) Length of time Parliament has sat
3) Whether the Opposition will have a stable gov’t

Question 13

Who is the current G-G?

Answer 13

Quentin Bryce

Question 14

Who is the current PM and party?

Answer 14

Tony Abbot of the Liberal Party.

Question 15

Who is the current Premier of Qld?

Answer 15

Campbell Newman

Question 16

Can courts review decisions by G-G or Ministers?

Answer 16

Initially no but currently yes, courts can consider their decisions.

R V TOOHEY
> applied in FAI INSURANCES V WINNEKE

Question 17

Rule of Law: 3 central elements?

Answer 17

1) Supremacy of ‘regular law’ which maintains consistency and predictability
2) Equality before the law
3) Consitution reflects the rule of law and the power of people to control it

Question 18

Who said: The Constitution is “framed in accordance with many conceptions…among these the Rule of Law”?

Answer 18

Dixon J

AUSTRALIAN COMMUNIST PARTY V CTH

Question 19

In what way are the 3 branches of gov’t NOT seperate?

Answer 19

The Executive must be made up of members of the Legislative.

s 64

Question 20

What does it mean when a provision is “read down”?

Answer 20

The provision is not declared invalid but it’s given less powers of persuasion.