The people and the Constitution

Question 1

Governor General

Answer 1

• Grant royal assent to legislation passed by Parliament
• Dissolve Parliament for an election on advice of the PM
• Appointing the Executive council (PM and cabinet)

Question 2

Governor

Answer 2

• Grant royal assent to legislation passed by Parliament
• Dissolve Parliament for an election on advice of the PM
• Appointing the Executive council (Premier and cabinet)

Question 3

Senate

Answer 3

• Act as a house of review (reviewing legislation and bills from the lower house)
• Initiate and pass bills (except for appropriation bills)
• A committee system operates to scrutinise government actions or to investigate government proposals

Question 4

Lower house

Answer 4

• To form government (because it is the house of the people)
• Appropriation bills/budgets can only commence in the lower house because it is the people’s money (via tax)
• Only those who have been elected by the people have authority to spend the money of the people
• Initiate and pass bills
• Represent the views and values of the community (Representative government)

Question 5

separation of powers

Answer 5

• Executive
• Legislative
• Judiciary
  Needs to be independent from the others (justice)

Question 6

division of powers

Answer 6

Established in the Constitution to divide power between the Commonwealth and the States

• Exclusive powers (only held by the Commonwealth)
• Concurrent powers (shared powers between Commonwealth and states)
  Residual powers (those not mentioned in the Constitution and exercised only by the states)

Question 7

S128

Answer 7

referendum provision (1967 referendum which struck out section 127 of Constitution and partially struck out section 51)

Question 8

S7

Answer 8

representative Govt (Senate)

Question 9

S80

Answer 9

express right - right to trial by jury for Commonwealth indictable offences

Question 10

S71

Answer 10

establishes HCA

Question 11

S76

Answer 11

power to interpret the Constitution

Question 12

S51(31)

Answer 12

express right - acquire property on just terms - what is just?

Question 13

S51(29)

Answer 13

link to external affairs and international treaties and declaration and cases (Tasmanian Dam case)

Question 14

S92

Answer 14

express right - freedom of state trade

Question 15

S116

Answer 15

express right - no national religion

Question 16

S117

Answer 16

express right - right to not be discriminated against (state residence)

Question 17

S24

Answer 17

representative Govt (HOR)

Question 18

S109

Answer 18

where inconsistency between states and Commonwealth prevails to the extent of the inconsistency

Question 19

bicameral structure

Answer 19

Acts as a house of review:

- Two houses of parliament is established in the Constitution (House of Reps, Senate)
- Govt always controls the lower house
- Composition of the Senate is likely to be different to the House of Reps which means the government is unlikely to control both houses
- This means the senate does act as a house of review most of the time
- The government may argue that this is frustrating because it can't do all the things it promised at election
- If government controls both houses essentially it can do what it likes. (last happened 2004)

Question 20

majority referendum

Answer 20

Process to be followed to change the Constitution

1. The referendum proposal goes through the Parliament the same as any other bill of Parliament
   
   • Elected reps should approve of the proposal prior to it being proposed to the people
2. The referendum proposal is a yes/no proposal
   
   • Can impact number of yes votes
   • Double majority provision = majority of people and majority of states
3. The proposal needs to get 50% + 1 of the vote from the Australian electorate as a whole AND the majority of states must also vote yes 4/6. - this is NOT state parliaments
4. If a double majority is achieved, proposal is carried (successful)
   
   • The proposal receives royal asset
   • The words of the Constitution are amended, removed or added