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year 12 legal studies > the people & law-makers booklet 1 U4 (2nd term) > Flashcards

the people & law-makers booklet 1 U4 (2nd term) Flashcards

1
Q

lesson one

define parliament

A
  • refers to a body that consists of all demo elect mem chosen by the ppl of fed laws that sit in the UH & LH, in addition to the GG & king
  • bicameral
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2
Q

lesson one

what does it mean for australia to be a consitutional monarchy?

A
  • we recognise the crown as head of state, but elect rep to make laws
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3
Q

lesson one

what is the constitution?

A
  • recog as the source that grants lawmaking auth to parl & HC
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4
Q

lesson one

what is the composition of the HoR?

A

151 seats
secure govt = 776 seats needed by pol party –> form govt & leader = pr min –> lead leg change & ref
- most bills begin here

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5
Q

lesson one

what is the composition of the senate?

A
  • rep interests of st & territ
  • reg of pop each st entit to 12 seats in sen e.g vic = 12 & tas = 12
  • sen = elect 6 yrs tersm & 1/2 eligi for elect every 3 yrs
  • law intro in HoR & passed up to senate –> mem consid prop law impact on their st / terri
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6
Q

lesson one

define government

A
  • refers to the pol party that has won an elect
  • mem will gain most seats in HoR & their leader will bec pr min
  • e.g. curr = lab & pm = AA
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7
Q

lesson one

define political party

A
  • org comprised of mem w/ sim pol views / ethos / values
  • aim is to attract voters that share pol views in order to gain votes in lead up to elect
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8
Q

lessone one

define electoral

A
  • geo area comprised of approx 110,000 voters rep by mem of parl
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9
Q

lesson one

define coalition

A
  • ref to pol alli b/w two or more pol parties that share same views –> form to work together / gain voters / form govt
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10
Q

lesson one

define crossbench

A
  • x belong to major pol parties = indep / mem of minor parties
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11
Q

lesson one

what is the main role of the GG?

A
  • grant royal assent
  • suggest amendments to legislation after it has passed both houses of parliament
  • summon the executive council
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12
Q

lesson one

what does it mean for the GG to grant royal assent?

A

GG sign bill on behalf of the crown after it has been approved by both houses of Cth parl
nec final step for a bill to bec law & usually appens on the advice of the pr min

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13
Q

lesson one

elaborate upon the role of the GG, suggest amendments to legislation after it has passed both houses of parliament?

A
  • if mistake is found in the bill after it has been passed through both houses, a min would advise the GG to return the bill to parl w/ the sugg change whilst GG would also sugg req amends
  • s 58
  • scarc used since 1901
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14
Q

lesson one

what are the roles of the HoR (LH)

A
  • intro bills / making laws
  • representative govt
  • scrutinise leg
  • forming govt
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15
Q

lesson one

what is the role of the LH - introducing bills / making laws

A
  • make laws thr intro bills
  • most bills intro by min = refl needs of soc / resp to curr needs for law reform / ideas = elect prom made to voters to sec their win
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16
Q

lesson one

elaborate on the LH role, forming government

A
  • after an elect, the pol party that has the most no. of seats in the HoR will form govt
  • in case of hung parl party may seek supp from indep/other party that can form govt w/
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17
Q

lesson one

what is a hung parliament?

A
  • a sit. in which neither major party wins a maj. seat in the LH
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18
Q

lesson one

what does it mean for the lower house to have the role of being a representative government?

A
  • refers to the principle whereby mem. of parl. should act in a way that refl. the views & wants of the ppl that voted them into pwr.
  • take form of intro. new laws, rev pol, deb / sugg amend to leg
  • fail –> risk vote out
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19
Q

lesson one

why is the lower houses role of scrutinising legislation?

A
  • in less comm inst bills intro in senate, LH act as house of rev = mem deb & scruti prop leg / making amend if nec & passing bill to GG for roy ass
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20
Q

lesson one

what are the role of the upper house?

A
  • act as a house of review
  • ensure equal rep of the states
  • initiate bills
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21
Q

lesson one

what does it mean for the upper house to act as a house of review?

A
  • sincce maj bills intro by LH –> sen = role of deb & rev these bills –> ens x disad indiv states
  • mem of sen can sugg amend before they agree to pass bill or rej
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22
Q

lesson one

how does the senate ensure equal representation of the states?

A
  • each st have = mem reg of pop when leg amen occur / new leg = deb
  • sen rep sm (tas / sa) can have = say agst that of st w/ larg pop –> ens any laws prop / intro uphold eq int of all st & terri
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23
Q

lesson one

what does the role of intiating bills by the senate mean?

A
  • like LH sen can intia bills
  • h/w most bills intia in HoR
  • bil = intro in sen when min is a sen that is resp for part area that is rel to the bill being intro
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24
Q

lesson two

what is the structure of victorian parliament?

A
  • bicameral
  • leg assem consis of 88 seats
  • prof marg gardner gov of vic
  • leg council consis of 40 seats
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25
Q

lesson two

who is the governor of the victoria?

A
  • is crowns rep in vic parl
  • appoint by the king on adv of vic prem of the day
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26
Q

lesson two

what are the governors roles in lawmaking?

A
  • granting royal assent
  • chair executive councils
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27
Q

lesson two

explaining the role of the governor - granting royal assent

A
  • gov will sign off on bills on behalf of the crown after it has been approv by bth houses
  • gov can choose to withhold roy ass (rare)
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28
Q

lesson two

explaining the role of the governor - chair executive council

A
  • gov acts on the adv of the execut council & often meets w/ these mini of the vic govt to discuss any leg matt that comes before the gov office
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29
Q

lesson two

what is the role of the legislative assembly in lawmaking?

A
  • initiate new legislation
  • represent the ppl in lawmaking
  • review legislation & propose amendments
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30
Q

lesson two

role of leg assembly - initiate new legislation

A

most leg = intro by min who usu mem of the leg assem –> maj of new laws & prop ch to laws beg in leg assem

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31
Q

lesson two

role of leg assembly - rep the ppl in lawmaking

A
  • mem = dir chosen by vot in their distr & will often rec letters / emails / corres from those living w/n comm
  • as rep of comm should act in way that ref the opin & pers of the maj of those living w/n their distr when intro/ deb / sugg amend to leg
  • fail = risk vote out
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32
Q

lesson two

role of leg assembly - review leg & prop amendments

A
  • as soc ch existing acts may need to change to ref needs of ppl
  • leg assem = compro of mem of parl who dir rep & underst the issue affecting their distr & can t/f prop meaningful amend
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33
Q

lesson two

what is the role of the legislative council in lawmaking?

A
  • scrutinise legislation
  • initiate legislation
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34
Q

lesson two

how does the leg council scrutinise legislation?

A
  • deb & scrut bills intro by the leg assem
  • leg council more incl indep & mem from smaller part –> allows for wider range of persp to be consid when deb new bills or amend to leg
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35
Q

lesson two

how does the leg council initiate leg?

A
  • leg can originate from leg council
  • h/w most leg = intro in LH
  • bills reg expendi of vic pub $ x intro in the leg council
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36
Q

lesson three

what elements does the constitution include?

A
  • the struct of parl - chp 1 (pt 1)
  • how the constit can be changed - s128 (chp VIII)
  • the rights of the ppl - s80, s117, s92
  • the role of the hc - s75 & s76
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37
Q

lesson three

what happened when the original colonies with law-making powers agreed to federate as states?

A
  • kept some of their pwrs (resi)
  • shared some of their pwrs w/ the cth (con)
  • handed some their pwrs over to the cth entirely (excl)
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38
Q

lesson three

what sections outline the areas of lawmaking that Cth parliament are able to legislate on?

A
  • sect 51 & sect 52
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39
Q

lesson three

what are all the areas of lawmaking given to Cth parliament referred to as?

A
  • specific pwrs
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40
Q

lesson three

what are the subcategories of specific pwrs?

A
  • exclusive pwrs
  • concurrent pwrs
  • residual pwrs
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41
Q

lesson three

what are exclusive powers?

A
  • areas of lawmk that are given ONLY to the cth to legislate on
  • these areas are consid sig on a nat lvl –> only cth parl leg on them
  • states = prev / exclu from leg on these
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42
Q

lesson three

what are examples of exclusive powers?

A
  • customs & border protection
  • currency
  • foreign affairs
  • medicare
  • immigration
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43
Q

lesson three

what are concurrent powers?

A
  • lawmk pwrs that the col handed over to the cth h/w x made exclu = shared
  • states allowed to leg in these areas h/w cth = prevail in areas should incon arise
  • lawmk pwrs outlined in cth constit which shared by bth cth & st parl
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44
Q

lesson three

what are examples of concurrent powers?

A
  • marriage & divorce
  • taxation
  • banking
  • railway
  • trade & commerce b/w sts of aust
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45
Q

lesson three

how are powers exclusive?

A
  • excl by certain sect through stating that
    1. the cth is the only body that can make laws in this area
    2. or stating that sts = barred from leg in this area
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46
Q

lesson three

what is an example of a section preventing states from legislating?

A
  • section 51 (vi) = gives pwr to the cth parl to make laws rel to naval & mili forces
  • sect 114 = prov that the sts shall not raise naval or mil forces, making this exclusive to the cth parl
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47
Q

lesson three

what are residual powers?

A
  • after handing over areas of lawmk –> col (st) wanted to retain some areas of lawm that would be unique to their st
  • x appear / outlined in the cth constit which are t/f solely lawmk pwrs of st parl = only st parl can make laws in these areas
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48
Q

lesson three

what are examples of residual powers?

A
  • crim law
  • road laws
  • education
  • pub transport
  • med procedure such as IVF
  • electricity
  • prisons
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49
Q

lesson three

how does the area of law, abortion differ between states?

A

vic = leg w/ consent up to 24 weeks gestation
nsw = leg w/ consent up to 22 weeks gestation

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50
Q

lesson three

how does the area of law, driving, differ between states?

A
  • vic = drivers can gain their provisional license after turning 18 whereas in qld at 17
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51
Q

lesson four

what does section 109 state?

A
  • written to resolve inconsist. b/w areas of lawmk b/w cth & st
  • ‘when a law of a state is inconsit w/ a law of the cth, the latter shall prevail, & the foremer shall, to the extent of the inconsit, be invalid
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52
Q

lesson four

what are the two main ways in which inconstancies over area of lawmaking can occur between cthh & st parliament?

A
  • when cth & st attempt to leg in concurrent areas
  • when cth & st attempt to leg in their own areas of lawmk & a conflict will arise
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53
Q

lesson four

how does the cth & st attempting to legislate in concurrent areas cause inconsistencies to arise?

A
  • since this is a shared area of lawmk, bthh parls can leg & introd valid law
  • e.g. taxation / marriage / instrastate trade
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54
Q

lesson four

how does the cth & st attempting to legislate in their own areas of lawmaking and conflicting arising cause inconsistencies?

A
  • = rare since spec pwrs of the cth & resi pwrs of the st are gen sep from that of one another but, conflict does occur
  • e.g. McBalin
55
Q

lesson four

how does s109 operate when an inconsistency arise?

A
  • when conflict arises b/w cth & st - s109 means that
    1. the cth law will prevail
    2. ‘to the extent of the inconsistency’
    3. st can still make laws on the topic
56
Q

lesson four

what does it mean for s109 to state that the cth law will prevail?

A
  • if an incon arises b/w st & cth leg the timing of each law’s creation = irrel = x matter whether the cth or st law was passed 1st. if they conflict w/ one another, the cth law will prevail to te extent of the inconsis
57
Q

lesson four

what does ‘to the extent of the inconsistency’ mean?

A
  • the words ‘to the extent of the incon’ are import here.
  • only the sect of st law that are incon w/ cth law will be dec inval
  • the rem sect of the st law that = x in conf w/ cth law wil cont to oper
58
Q

lesson four

what does it mean for section 109 to outline that states can still make laws on the topic?

A
  • s109 does x ch the areas of law that st & the cth can leg in
  • s109 eff = to render inval any sect of st law that is incon w/ cth law
  • t/f st retain the abil to make laws concurrent lawmk topics they are only lim in some circ whether their st law confl w/ fed laws
59
Q

lesson four

what are the three impacts of s109 on cth & st legislation?

A
  • req a case to be brought forward in the courts for an incon st law to be consid inval
  • restricts the law-m pwrs of the st
  • allws st laws prev deemed inval to come into force if the cth law is changed or removed
60
Q

lesson four

what does s109 requiring a case to bbe brought forward in the courts mean?

A
  • s109 only comes into effect when an incon is chall in the approp court
  • unless a party w/ standing brings the issue to light cth & st leg can co-exist w/ incon
61
Q

lesson four

what does it mean for s109 to restrict the law-making powers of the states?

A
  • s109 can act as a restri on st lawmk pwr
  • this is b/c if cth has already passed leg in an area of concurr pwrs st x override this
  • & if st has passed a law in an area of res pwr that conf w/ any cth law the incon elem will be deemed inval
62
Q

lesson four

what does it mean for s109 to allow state laws previously deemed invalid to come into force if the cth law is changed or removed?

A
  • if part of the st law was prev deemed inval & incon w/ cth law & the confl w/ cth was changed or rem so that the incon x longer exists, the incon art of the st leg can come into effect again
63
Q

lesson seven

what are the three recognised factors that influence parliaments lawmaking?

A
  • the bic struct of parlia
  • int press
  • rep nat of parl
64
Q

lesson seven

what are the four main ways to outline the influence of a bicameral structure on the lawmaking ability of parliament?

A
  • the comp of the UH
  • the ‘rubber stamp’ effect
  • a hostile senate
  • sitting days
65
Q

lesson seven

what does the composition of the upper house refer to?

A
  • ref to the no. of seats that are held by sen & from what pol parties they are from
66
Q

lesson seven

what is the balance of power?

A
  • a sit where x single part has maj of seats in one or both houses of parlia. meaning the power to approve / reject bills are held by a small no. of ppl (the crossbenchers)
67
Q

lesson seven

what happens when the government does not hold majority in the upper house?

A
  • it may face diff in implement legislative policy b/c crosb can force govt to make amend to their bills / rej entirely by voting w/ oppos
68
Q

lesson seven

what are the impacts of the composition of the upper house?

A
  • div compo –> govt = neg w/ crosb –> pass bills = more ref of comm views
  • govt = x maj –> small gr of indep memb to hold a disprop high lvl of pwr compared to the size of their voter base
69
Q

lesson seven

what is an example of government in the upper house negotiating with crossbenchers in order to pass bills?

A
  • late 2022 = govt forced to make amend to its cc laws to appease gr. & gain their votes
  • memb of gr = thre to block govt reforms unless further meas = intro to protect environ
70
Q

lesson seven

what does a hostile upper house refer to?

A
  • a sit where govt x hold maj in UH –> memb of opp / crosb = delib block / rej initiatives intro. by govt in LH
71
Q

lesson seven

what are impacts of a hostile upper house?

A
  • delays
  • lack of law reforms being intro by govt
72
Q

lesson seven

when does the rubber stamp effect occur?

A

when govt holds maj of seats in both LH & UP –> leg can pass through ‘rubber stamp’ effect

73
Q

lesson seven

what does ‘rubber stamp’ effect mean?

A
  • meaning bills = x adequ deb & scrut b/c mps from both LH & UH belong to same pol party & more likely to vote ‘ slong party lines’ to show unity rather than to crit chall features of the bill
  • showing approval w/o adequ checking over smthing
74
Q

lesson seven

what are the benefits of the ‘rubber stamp’ effect?

A
  • allow leg to effectively & efficiently pass thr parlia w/o delays & the only barrer to govt is passing an ineffect law that may risk them x being re-elect in next election
75
Q

lesson seven

why is te ‘rubber stamp’ effect negative?

A
  • may be consid detrim as bills may x be adequ deb & lim the rol of UH as a ‘house of review’
76
Q

lesson seven

what is the number of sitting days?

A
  • the days in which MPs are req to attend & ‘sit’ in parlia to consid & deb bills/ polic
  • also req to part in ‘question & answer’ time to hold govts accountable
  • parlia x sit every day
  • ‘22 HoR = 64 days & sen = 51 days
77
Q

lesson seven

how does the limited no. of sitting days by both houses influence?

A
  • influ abil to make laws in that it can cause lengthy delays to pass leg
78
Q

lesson seven

what are the strengths of the bicameral structure?

A
  • if parl = only 1 house –> govt could pass leg that aligns solely w/ its pol agenda rather than v & v of constituents. the incl of 2nd house can prev
  • incl of 2nd house of parl ensu bills are rev & deb to ensu govt of the day x alt the law dram w/o approp scutiny
  • govt hols a maj in both houses it may be able to pass bills w/ a few barriers from confli parties t/f incr the speed new laws can be passed –> overcome chall posed by lim sitting weeks of parl
  • UP = govt x maj –> conduct a higher lvl of rev on prop leg assist improv qual of parl law-making
79
Q

lesson seven

what are the limitations of the bicameral structure?

A
  • host upper house = del speed at which bills are passed by parlia
  • is part stubb MPs hold the bal of pwr in UH they may force the govt to alt bills for spev int that may x rep the v of the broader pop
  • sit where govt holds a maj in both houses the UH may ‘rst’ bills & t/f bill undergo little / x consid
  • the lawmk proc undertaken by parlia which invov passing bills thr bh is gen lengthy & carred out for evry bil
80
Q

lesson eight

what are internation pressures?

A
  • pressures exerted by other countries or advocacy groups influenc on our legislation that originate from outside of Austr via HR, envir or tr/eco org
81
Q

lesson eight

why does australia feel the pressure to respond to international pressures?

A
  • want to be seen as progressive in recognising mod. HR & prot the envir
  • x want to feel g / sh / embarr on glob scale if we were to breach est protocols on treatment of ppl / ref / envir / animals
  • want to show partner countries that we share common views & persp on certain issues that affect both countries e.g. immigration / soc welfare / envir prot
82
Q

lesson eight

where does international pressures come from?

A
  • treaties (agreements) aust signed w/ oth countries
  • int declar
  • the UN
  • oth org
83
Q

lesson eight

what are international treaties referred to as?

A
  • conventions = agreement b/w 2 or + countries or organisat from which HR oblig are created
  • aust = bec party to treaty by signing it which acknow / prom that the country will be bound by terms of the treaty –> ratification
84
Q

lesson eight

define ratification

A
  • the proc whereby the idea of the treaty is introd to Cth parl to be consid = consid more form acknow for aust to be bound by the treaty
85
Q

lesson eight

what happens when parliament agree to a treaty?

A
  • should agree –> bill = drft & go thr proc to rec roy ass
  • if parl = x rat treaty will x leg eff in aust
86
Q

lesson eight

what is an example of an international treaty and the legislation enacted under australian law?

A
  • int tr = int covenant on civ & pol rights (ICCPR), rat in 1980
  • the foll act gives leg eff to oblig aust has under the ICCPR = aust HR commission act 1986 (cth)
87
Q

lesson eight

are international declarations legally binding?

A
  • int dec = non-binding agree b/w 2 or + countries that est aspir rights & oblig that part to the agreement seek to enf
  • H/W desp x leg bind parl may face int crit for failing to uphold the princ set out in an int dec that it has signed
88
Q

lesson eight

what is the untied nations aim?

A
  • the intergovernmental org aims to prom int eace, str HR & ach int coop for prob affecting glob comm
89
Q

lesson eight

what did the UN found?

A
  • the charter of the UN
90
Q

lesson eight

what does the charter of the UN grant?

A
  • grants it the pwr to act on a broad range of issues
  • chrter = consid an int treaty & is t/f an instru for int law
  • aust bound by the UN chter since rat in 1945
91
Q

lesson eight

what is an example of the charter impacting the victorian government?

A
  • after crit vic govt announced would raise the age of crim resp from 10 to 12 by end of 2024
  • govt also announced LT aims of raising the age of 14 by 2027
92
Q

lesson eight

what are the strengths of international pressures on parliament making laws?

A
  • int dec = x leg binding –> face crit for failing to uphold princ set out in dec such as the UDoHR
  • int tr can be leg implemented in aust thr passing bills & succ receiv roy ass
  • int org (e.g. UN) have pwr to impose sanctions on count for breaching their tr
  • int org = may = infl in sparking pub int in rel to issues e.g. HR & CC that count fail to uphold –> press on parl to cre / amen laws to ref soc v & int stand –> incr ch re-ele
93
Q

lesson eight

what are the limitations of international pressures on parliament making laws?

A
  • unless aust = mem of int org / rat int tr cth parl under x leg oblig to comply w/ int expect & stan
  • press from int orgmay lim ability of parl to make laws that = tailored to unique needs & circum of pop
  • int dec = x leg bind –> parl x face leg conse for failing to uphold princ set in dec
  • lim mech by which UNMST & int org can enforce compli w int law
  • int soc may have confli v & opin on certain issues e.g. trans mining corp = profit confl w/ GP = red coal emiss –> parl dec press to ig
94
Q

lesson nine

define representation?

A
  • acting or speaking on behalf of individuals or groups of ppl
  • parl = sup law making body & t/f has duty to rep int of austr ppl
95
Q

lesson nine

from indicating research who is the average MP?

A
  • male
  • univ edu
  • born in aust
  • turning 45-64 during elect yr
96
Q

lesson nine

how does the representative nature of parliament affect their ability to make laws?

A
  • refl the comm & having div rep
  • reg elect
  • the willingness to act in accord w/ views of the maj
97
Q

lesson nine

what are the strengths of the representative nature of parliament?

A
  • reg elect place press on MP’s to rep the views of the constituents as fail –> risk of being voted out in next elect = holds them accou to ens they ref the views of their voters rather than other pol int
  • over rec times = incr no of wom have been elect to parl as bt cth & vic lvls –> clod gen div& impro abil of parl to ref comp of society in its law-mking
  • comp voting ens large prop of indiv in aust part in elect & that parl are compr of MP’s elected by many ppl t/f if MP’s truly rep their constit v’s l-mking can be ref of maj v & v
  • rep nat of parl whilst at times may lim the speed at which leg is intro ensu many comm values - consid in the l-mking proc –> imrp qu of l-mking & t/f improve soc
98
Q

lesson nine

what are the weaknesses of the representative nature of parliament

A
  • hist in rel to min cult gr & wom aust parl = exhib long-st disp in rep –> affecting parl abil to fully acc for these demo in l-mking = 23’ aust x adequ rep min grs in way = prop to pop of these groups
  • mem of parl may x vote for law ref in areas where voc min groups agin the law = out of fear of x being re-ele even if law ref is needed to impr soc as whole
  • MP’s may feel compelled to vote w/ their pol party rather than in line w/ des of electroal distr –> red rep of constit v in parl l-mking
  • to retain voters parl may pass leg to appeal to most soc & gain voters supp as opp to leg for the entire comm
  • a pol trm of 3 / 4 yrs = x long for prod leg activity & ref to occur = may mean part can make shall elect prom to rem ele whilst nvr actu imple prom law ref
99
Q

lesson ten

what is a check?

A
  • the term ‘check’ is part of ‘ch & bal’ when it comes to lmking pwrs
  • this means ens cth parl x wield ultimate pwr w/o another way to bal/equ out its lmking auth
100
Q

lesson ten

within the constitution what are the three mechanisms that operate to act as a check/balance on cth making powers?

A
  • representative govt
  • sep of pwrs
  • express rights
101
Q

lesson ten

what is a representative government?

A
  • the idea the members of parl are democratically elected by austr voters to make decision & laws that refl the v & v of the ppl that voted into pwr
102
Q

lesson ten

how does the consititution ensure a representative government?

A
  • thr sect 7 & sect 24
103
Q

lesson ten

define section 7

A
  • the senate shall be composed of senators for each state, dirct chosen by the ppl of the state
104
Q

lesson ten

define section 24

A
  • the HoR shall be comp of memb directly chosen by the ppl of the cth
105
Q

lesson ten

why is the the role of the high court also a mechanism to check on cth lawking powers?

A
  • constit thr sect 75 & 76 prov the HC as the only court that can inter to words w/n te constit
106
Q

lesson ten

what happens should cth parliament disagree with a high court ruling

A
  • x abrogate this common law dec
107
Q

lesson ten

what happens should cth parliament disagree with a HC ruling over the meaning of the words within the consitution?

A
  • they can init a change to the wording of the consit thro a ref outlined in sect 128
108
Q

lesson ten

what should happen should another party disagree w/ a HC ruling over the meaning of the words w/n the constit?

A
  • must have leg standing & leave to bring the matter of HC
  • HC judges in susequ case may overrule a prev HC dec since there is x binding prec in the HC
109
Q

esson ten

what is ultra virus?

A
  • parl = acted outside its jurid bound
  • beyond the pwrs
110
Q

lesson ten

what was the argument presented by Roach in the HC?

A
  • by banning all prisoners from voting - the govt was breaching s7 & s24 of the constitution whereby “all MP’s are directly chosen by the ppl”
  • this implies that cit w/n austr have the democr right to vote –> choose / elect rep
111
Q

lesson ten

what was the rationale behind the HC decision?

A
  • HC agreed w/ R & dec that the EAact was unconst as it did lim s7 & s24 of the consit
  • amend = rec as the ch dec ‘uv’ = only prisoners serving 3 yrs & will be banned from voting
112
Q

lesson ten

why is the Roach v Electoral commisioner (2007) significant? what did it affirm?

A
  • this case affirms the press of s7 &s24 in upholding rep govt
  • the role of the HC is acting as a check on govt & cth lmking purpose
113
Q

lesson ten

what are the strengths of the role of the HC to act as a check on cth parliament?

A
  • HC = dec law / pt of law inval if it brech princ of rep govt & has been made bey the l-mking pwrs of parl
  • diff in bringing case to HC & est standing to do so ens only rele cases often req HC interp to the constit are brought bef it.
  • cth parl x disag w/ a HC dec & ovrr its dec thr abrog ens that the HC can act as a true mech of prov ch & bal on pwr of cth parl
  • HC = indep jud = x subj to the infl of other br of govt
114
Q

lesson ten

what are the weakeness of the HC roe of acting as a check on cth parliament?

A
  • HC only inter consit & dec a law / pt of law inval t/f court x dec law inval as soon as it has been passed by parl meaning inval law may op for sev yrs until a person chall its vali in HC
  • to bring case to HC = standing
  • $ & time assoc w/ bringing a case to HC = sig –> decr no. of cases inti in HC –> courts abil to act as check on parli in l-mking lim
  • HC only prot princ of rep govt rele to facts of case before it –> HC x create laws to further prot rep govt outside the ase
115
Q

lesson eleven

what is the purpose behind the separation of powers?

A
  • prev abuse of pwe by ens pwr is x conc in 1 body
  • prot indiv rights be ens ch & bal on the pwr of govt
  • uph indep of the judges to apply law & res disp w/o pol infl
  • ens govt & parl work together to pass laws
116
Q

lesson eleven

what are the three components to the separation of powers?

A
  • legislative
  • executive
  • judiciary
117
Q

lesson eleven

define the legislative

A
  • abil to make the law or make amendments to the law
  • s1
  • cth parl can exerc
118
Q

lesson eleven

define executive

A
  • abil to admin or ens that the law is enacted into the community / implement / put it into place
  • s61
119
Q

lesson eleven

define judicial

A
  • abil to apply the law the enforce the law
  • indep ruling on laws
  • s71
  • courts
120
Q

lesson eleven

who has both legislative and executive powers?

A
  • pr min
  • min
  • cabinet
121
Q

lesson eleven

what are the strengths of the separation of powers to act as a check on parliament?

A
  • ens there is chk & bal on the pwrs of parl & mini an abu of pwr
  • indep of jud from pol press & worry of re-ele –> mke dec = leg indep
  • judic can dec laws cr by parl ‘uv’ if it has det that it has breached its lmking pwrs in accor w/ consit –> lim scope cth lmking pwrs ens x leg outside scp of its exec & cc pwrs
  • consiti guara = must be upheld & x be rem w/o succ ref
122
Q

lesson eleven

what are the weaknesses of the separation of powers to act as a check on parliament?

A
  • clear overlap b/w leg & execu pwr which can lim abil of sop princ to comple act as a check on parl
  • chall a law in HC = mst standing t/f parl laws = inval must t/f rem in force if x one has the standing / fin means to bring a alleg inv law bf court
  • aust consit ens sop at cth lvl but x guara this st lvl h/w most states have emb the princ int their state consit
  • comp of MPs from each party w/n HoParl can infl eff of the leg in acting as ch on exec & laws in gen e.g. rsteff
123
Q

lesson twelve

what are the 5 rights for the australian ppl that are entrenched in our constitution?

A
  • right to the acqui of prop on ‘just terms’
  • the right to a trial by jury for cth indic off
  • right to interst trade & commerce
  • the right to freedom of religion
  • the right to no discrimination on state of residence
124
Q

lesson twelve

what does an express right mean?

A
  • written clearly in the consit
  • x be del / amend by judges or parl
  • only way to changed = succ ref (s128)
  • leg enfor = if act cr by parl = infri upon ex rights = chall in HC
125
Q

lesson twelve

what is the right to the acquistion of property on just terms?

A
  • cth has abil to take prop from any st or person for any purp that falls w/n scope of its lmking pwrs
  • if cth enacts this pwr it must do so in ‘jt’ to owner = prov fair & reas compen
126
Q

lesson twelve

what is the right to no discrimination based on state of residence?

A

s117 states that x create or app laws in a discrim manner based upon an indiv st of resid

127
Q

lesson twelve

what is the right to a trial by jury for commonwealth indictable offences?

A
  • s80 all cth ind off must be tried before a jury should the acc plead x guilty
128
Q

lesson twelve

what is the right to freedom of interstate trade and commerce shall be free?

A
  • s92 cth parl & st x restr flow of trade & movement of goods b/w states
129
Q

lesson twelve

what is the right to a freedom of religion?

A
  • s116 cth shall x make laws for est any rel or impo any religious observ or prohib free exer of any rel & x rel test shall be req for qual of any office under cth
130
Q

lesson twelve

what does the freedom of religion mean?

A
  • cth x pass laws the rest reli pract
  • impose rel on an indiv
  • prom discrim ag an indiv on basis of their rel
131
Q

lesson twelve

however the freedom of religion does not apply to what?

A
  • x apply to st parl = may pass laws that lim freedom of reli pract
  • cth can pass laws that req a person to do smth even though it may be contr to their rel
132
Q

lesson twelve

what are the strengths of the ability of express rights to check cth lawmaking powers?

A
  • er = enshr in const & can only be changed thr succ ref –> safegu pres of rights w/n consti
  • er = fully enf by HC meaning if leg is created the breaches an er an indiv w/ sta can take case to HC where it may be deemed uv
  • HC is indep of the exec & legisla = pol indep to safegu the right of aust ppl w/o fear of pol backlash w/n party groups
133
Q

lesson twelve

what are the weakness of the ability of express rights to check cth lawmaking powers?

A
  • ex = const = lim = only 5
  • x mech for prev parl from pass law that is consti inval or bre er in 1st place –> laws can be est that infr er = enf until case in HC
  • to chall in HC case must be brought by indiv of st
  • ref req to add = unlik to add new

year 12 legal studies (9 decks)

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