Principles of Australian Government Flashcards
What are the 3 branches of government? Under what Const. sections?
Legislative - s 1
Executive - s 61
Judiciary - s 71
Why is there a seperation of powers?
“Power corrupts and absolute power corrupts absolutely”
Designed to provide checks and balances on the exercise of powers.
WILSON V MINISTER FOR ABORIGINAL POWERS
“An act of the legislature repugnant…”?
“…to the Consitution is void” - i.e. Constitution is the supreme law
MARBURY V MADISON
Name 4 central elements of ‘responsible government’?
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
Which Const. section gives Governor-General power on behalf of the Queen?
s 61
Which Const. section gives Executive Council power to advise the Governor-General?
s 62
“Governor-General in Council”?
Governor-General acting with the advice of the Executive.
s 63
Who are ‘departmental officers’ and who appoints them?
Ministers of particular departments made up Senators or members of the House of Representatives.
Appointed by the Governor-General.
What are “Constitutional Conventions”?
Rules, practices, or understanding which are not actually laws but do regulate conduct of officials.
“Constitutional morality” as claimed by AV Dicey (author)
What is the Governor-General? Do they have powers?
Watch-dog of responsible government who follows advice but has 3 ‘reserve powers’ which are not often used.
What are the 3 ‘reserve powers’ of the G-G?
1) Appointment and dismissal of PM and Premiers
2) Refusal of advice to dissolve Parliament
3) Power to dissolve parliament without advice
If the G-G refuses to dissolve Parliament, what 3 things will they consider in their decision?
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
Who is the current G-G?
Quentin Bryce
Who is the current PM and party?
Tony Abbot of the Liberal Party.
Who is the current Premier of Qld?
Campbell Newman
Can courts review decisions by G-G or Ministers?
Initially no but currently yes, courts can consider their decisions.
R V TOOHEY
> applied in FAI INSURANCES V WINNEKE
Rule of Law: 3 central elements?
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
Who said: The Constitution is “framed in accordance with many conceptions…among these the Rule of Law”?
Dixon J
AUSTRALIAN COMMUNIST PARTY V CTH
In what way are the 3 branches of gov’t NOT seperate?
The Executive must be made up of members of the Legislative.
s 64
What does it mean when a provision is “read down”?
The provision is not declared invalid but it’s given less powers of persuasion.
