the constitution

Question 1

a consitution

Answer 1

a set of rules that may apply to a social club, organization, or nation

Question 2

the commonwealth constitution

Answer 2

• 1st Jan 1901

- legal framework and rules that apply to the governance of Australia

Question 3

Australia before the constitution

Answer 3

• 6 separate colonies answerable to the British government

Question 4

agruments for federation

Answer 4

• economy ( trade more efficiently )
• transport ( rail network )
• defense ( unified military )
• nationalism ( away from mother country )
• racial purity ( restriction of immigration )

Question 5

agruments agaisnt federation

Answer 5

• trade ( job loss over competition )
• fear ( smaller states being disregarded over larger states )
• apathy ( feeling that federation was irrelevant )
• expense (the national government would be expensive to run )
• cheap labor ( QLD, determined to protect sugar industry by allowing pacific islands to work on sugar plantations )

Question 6

federation

Answer 6

the action of forming states or organizations into a single group with centralized control

Question 7

division of power

Answer 7

• section 51 specifies the legislative power of the federal parliament
• the division of power between the state and federal parliaments

Question 8

exclusive powers

Answer 8

powers only federal parliament have

• currency
• citizenship
• tax
• foreign policy
• defense

Question 9

examples of concurrent powers

Answer 9

education

• federal ( uni )
• state ( schools and teachers )

environment

• federal ( world heritage sites )
• state ( approvals for development )

health

• federal ( payment to doctors and pharmaceuticals )
• state ( hospitals )

Question 10

concurrent powers

Answer 10

areas both state and federal parliament have legislative power

Question 11

residual

Answer 11

leftover powers not in the constitution go to the state

Question 12

separation of powers

Answer 12

power is distributed between three arms of government

• legislature
• executive
• judiciary

Question 13

separation of power - legislative

Answer 13

makes and amends the laws ( the governor-general + senate + house of reps )

Question 14

separation of power - executive

Answer 14

puts the law into action ( prime minister + ministers )

Question 15

seperation of power - judiciary

Answer 15

makes judgements about the law ( high court + federal court )

Question 16

why is seperation of powers important

Answer 16

• ensure rule of law
• prevent tyranny
• hold each sections to account
• delegation to uphold, make and change or put into actiom

Question 17

hard seperation and soft seperation

Answer 17

hard seperation - between the judiciary system and the other two systems as it doesnt link as much

soft seperation - between executive and parliament systems because some of their roles cross over

Question 18

referendum

Answer 18

nationwide vote

Question 19

how can the constitution be changed

Answer 19

• a bill is passed by both houses of parliament
• the change is approved by referendum by the majority amount of people in the majority amount of states with and overall majority

Question 20

how to vote in a referendum

Answer 20

yes or no vote

Question 21

is a referendum hard to pass

Answer 21

yes because it needs a huge majority vote

Question 22

aims of the high court

Answer 22

1. to protect the constitution by ensuring the government acts within its powers
2. to exercise original jurisdiction over constitutional matters
3. to act as the final court of appeal

Question 23

constitutional interpretation

Answer 23

when the high court interprets the words of the constitution when resolving disputes

Question 24

the privy council

Answer 24

• the highest court of appeal in Britain

- until 1986, Australians had the right to appeal matters to the privy council

Question 25

what act removed the privy council

Answer 25

Australia act 1986

Australia ( request and consent ) ct 1986

Question 26

Is the constitution a bill of rights

Answer 26

no

Question 27

role of the high court

Answer 27

• original jurisdiction = questions of the constitution ( constitutional interpretation)
• appellate jurisdiction