The People and the Constitution Flashcards
Define the double majority requirement for a referendum.
For a S128 referendum to be successful it must gain both: a majority of the national vote in favour, and a majority of the vote in at least 4/6 states (a majority of people overall and a majority of people in a majority of states).
Explain the house of representatives and its role.
(HOR) This is the lower house in the Commonwealth parliament. It has 151 members with each member representing approximately 94 000 voters in 3 year terms. S24 of the Australian Constitution states that members of the HOR should be chosen directly from the people, and should be twice as many as the amount of senators (as much as practical).
Its role is to represent the interests of the people in law making, and to form government. Also this is the only house that legislation relating to federal government spending can originate.
Explain the senate and its role.
The senate is the upper house of the Commonwealth parliament. Composed of 12 representatives from each state and 2 from each territory that serve 6 year terms, with half of its 76 members up for re-election very 3 years.
The role of the senate is to represent the interests of the states in law making, by reviewing legislation originating from the lower house and providing assent or not, also by originating their own legislation that is reviewed by the HOR.
Define government.
The political party with the most seats in the house of representatives either by majority or by collation.
Define parliament.
All members of both houses of Commonwealth parliament; senate and HOR.
Explain the Victorian legislative assembly and its role.
(VLA) Is the lower house in the Victorian parliament. Made up of 88 members who serve 4 year terms.
Its role is to represent the people in law-making, form state government, and it is only here that legislation relevant to Victorian government spending can originate.
Explain the Victorian legislative council and its role.
(VLC) Is the upper house in the Victorian parliament. Made up of 40 members who serve 4 year terms.
Its role is to scrutinise the state government by reviewing legislation arises from the VLA, and drafting legislation to be reviewed by the VLA.
Explain the Governor and their role in law making.
The Governor is the Queens representative in state parliaments. Their role is to provide royal assent to bills that pass through both houses of state parliament (do not have authority to deny royal assent).
Explain the Governor General and their role in law making.
(GG) The Governor General is the Queens representative in the Commonwealth parliament. Acting as head of state, their role is: to grant or withhold royal assent to bills passing through both houses of Commonwealth parliament, open and close the sitting times of Commonwealth parliament, appoint judges to courts, can dissolve parliament to force election, can appoint a PM in an election results in a hung parliament and can fire a PM who loses confidence of the parliament (reserve powers).
Outline the constitutional law making powers of the states and commonwealth parliament.
Residual powers. Those left with the states at the time of federation by not being mentioned in the Australian Constitution.
Specific powers. Those given to the Commonwealth parliament in the Constitution. These can be either:
Exclusive powers. Those explicitly given to the Commonwealth parliament in S51 of the Constitution. Eg immigration.
Concurrent powers. Those in which the States and Commonwealth parliament share legislative authority. Eg taxation, marriage.
Explain S109 of the constitution.
S109 is a mechanism in the constitution that resolves disputes in areas of concurrent powers. The Australian Constitution states that whenever any inconsistency is presented between state and Commonwealth law in areas of concurrent powers, to the extent of the inconsistency the Commonwealth law shall prevail over the state law.
This can only be applied if a law is challenged in the High Court.
Explain the significance of S109.
S109 which says: that to the extent of any inconsistency between state and Commonwealth law in areas of concurrent powers the Commonwealth law shall prevail to the extent of the inconsistency, is significant because:
It acts as a restriction of state parliaments. As state parliaments will become reluctant to legislate in areas of concurrent powers if they know that legislation can be overruled by Commonwealth legislation if challenged in the High Court.
Outline three strengths and weaknesses in a bicameral parliament acting as a check on the power of the government.
Strengths: Having two houses allows for scrutiny of all bills from either house.
If the government holds slim majority or a minority in either house extra debate is more likely.
The bicameral system cannot be abolished through legislation.
Weaknesses: If the government holds a majority in the senate it will become a rubber stamp, passing legislation without scrutiny.
Reforms or urgent laws could be stalled through negotiation between parties to gain a majority.
Constitution only says Commonwealth parliament has to be bicameral, states can be unicameral.
Explain the separation of powers.
The principle that power should not be concentrated into one branch. So to provide internal checks and balances of power from the other branches. Power is separated into three branches:
Executive (given to GG in theory but in practice PM and senior ministers) that handles government departments and the day to day business of government.
Legislative (made up of the commonwealth parliament) which creates the laws.
Judicial (Courts) which enforces the laws made by the legislative.
Outline three strengths and weaknesses of separation of powers.
Strengths: The executive branch can be scrutinised by the legislative branch and they can refuse to pass legalisation.
Because the judicial branch is separate from the other two, all cases where the Commonwealth parliament are a party are fair.
If the senate is controlled by opposition or crossbenchers it reviews legislation more carefully.
Weaknesses: There is much overlap between the executive and the legislative.
Judges can be appointed by the executive branch, which may influence decisions on matters to do with the executive branch.
If the government controls both houses their is less debate and scrutiny on legislation.
