syllabus 4

Question 1

Westminster system

Answer 1

• democratic system of government modelled after the United Kingdom, as used in the Palace of Westminster, the location of the UK parliament
• Australia inherited Britain’s Westminster style government or responsible parliamentary government
• system is a series of conventions and procedures for operating legislature

Question 2

English Common Law

Answer 2

• judge made law
• made in courts by judges when deciding cases which give rise to the need for new decisions or precedents
• common law is inferior to statute law

Question 3

American federalism

Answer 3

• two levels of government, neither of which can change the powers of the other or make laws within certain fields assigned to the other
• gave the Australian Constitution the structure for a federal system of government with two houses of parliament and the division of powers between the Commonwealth and States
• Constitution gives certain powers to the federal government, some powers are shared with the states and territories, while other powers remain with the states and territories

Question 4

Canadian federal model

Answer 4

• the melding of the Westminster system of responsible parliamentary government from the United Kingdom and a federal division of power based on the United States model
• Canada’s importance to the writers of the Australian Constitution was that it showed how a federal system could be adapted to a monarchical and parliamentary system

Question 5

Swiss referenda

Answer 5

• Switzerland was established as a federal state by a referendum
• Switzerland’s use of popular vote for constitutional change was then incorporated into the Australian Constitution
• There are strong similarities between this aspect of the Constitution of Switzerland and Section 128 of the Commonwealth Constitution.

Question 6

I can account for the reasons why the Founding Fathers needed to adopt a variety of ‘constitutional influences’ in order to design a system of government for the new nation, Australia

Answer 6

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Question 7

I can explain the compromises that have arisen as a result of blending Westminster style government with American style federalism

Answer 7

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Question 8

I can evaluate and make judgements about the Australian system of government, its strengths and weaknesses, in light of the compromises made by the Founding Fathers

Answer 8

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