the people & law-makers booklet 1 U4 (2nd term) Flashcards
lesson one
define parliament
- 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
lesson one
what does it mean for australia to be a consitutional monarchy?
- we recognise the crown as head of state, but elect rep to make laws
lesson one
what is the constitution?
- recog as the source that grants lawmaking auth to parl & HC
lesson one
what is the composition of the HoR?
151 seats
secure govt = 776 seats needed by pol party –> form govt & leader = pr min –> lead leg change & ref
- most bills begin here
lesson one
what is the composition of the senate?
- 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
lesson one
define government
- 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
lesson one
define political party
- 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
lessone one
define electoral
- geo area comprised of approx 110,000 voters rep by mem of parl
lesson one
define coalition
- ref to pol alli b/w two or more pol parties that share same views –> form to work together / gain voters / form govt
lesson one
define crossbench
- x belong to major pol parties = indep / mem of minor parties
lesson one
what is the main role of the GG?
- grant royal assent
- suggest amendments to legislation after it has passed both houses of parliament
- summon the executive council
lesson one
what does it mean for the GG to grant royal assent?
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
lesson one
elaborate upon the role of the GG, suggest amendments to legislation after it has passed both houses of parliament?
- 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
lesson one
what are the roles of the HoR (LH)
- intro bills / making laws
- representative govt
- scrutinise leg
- forming govt
lesson one
what is the role of the LH - introducing bills / making laws
- 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
lesson one
elaborate on the LH role, forming government
- 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/
lesson one
what is a hung parliament?
- a sit. in which neither major party wins a maj. seat in the LH
lesson one
what does it mean for the lower house to have the role of being a representative government?
- 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
lesson one
why is the lower houses role of scrutinising legislation?
- 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
lesson one
what are the role of the upper house?
- act as a house of review
- ensure equal rep of the states
- initiate bills
lesson one
what does it mean for the upper house to act as a house of review?
- 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
lesson one
how does the senate ensure equal representation of the states?
- 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
lesson one
what does the role of intiating bills by the senate mean?
- 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
lesson two
what is the structure of victorian parliament?
- bicameral
- leg assem consis of 88 seats
- prof marg gardner gov of vic
- leg council consis of 40 seats
lesson two
who is the governor of the victoria?
- is crowns rep in vic parl
- appoint by the king on adv of vic prem of the day
lesson two
what are the governors roles in lawmaking?
- granting royal assent
- chair executive councils
lesson two
explaining the role of the governor - granting royal assent
- 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)
lesson two
explaining the role of the governor - chair executive council
- 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
lesson two
what is the role of the legislative assembly in lawmaking?
- initiate new legislation
- represent the ppl in lawmaking
- review legislation & propose amendments
lesson two
role of leg assembly - initiate new legislation
most leg = intro by min who usu mem of the leg assem –> maj of new laws & prop ch to laws beg in leg assem
lesson two
role of leg assembly - rep the ppl in lawmaking
- 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
lesson two
role of leg assembly - review leg & prop amendments
- 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
lesson two
what is the role of the legislative council in lawmaking?
- scrutinise legislation
- initiate legislation
lesson two
how does the leg council scrutinise legislation?
- 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
lesson two
how does the leg council initiate leg?
- 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
lesson three
what elements does the constitution include?
- 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
lesson three
what happened when the original colonies with law-making powers agreed to federate as states?
- 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)
lesson three
what sections outline the areas of lawmaking that Cth parliament are able to legislate on?
- sect 51 & sect 52
lesson three
what are all the areas of lawmaking given to Cth parliament referred to as?
- specific pwrs
lesson three
what are the subcategories of specific pwrs?
- exclusive pwrs
- concurrent pwrs
- residual pwrs
lesson three
what are exclusive powers?
- 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
lesson three
what are examples of exclusive powers?
- customs & border protection
- currency
- foreign affairs
- medicare
- immigration
lesson three
what are concurrent powers?
- 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
lesson three
what are examples of concurrent powers?
- marriage & divorce
- taxation
- banking
- railway
- trade & commerce b/w sts of aust
lesson three
how are powers exclusive?
- 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
lesson three
what is an example of a section preventing states from legislating?
- 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
lesson three
what are residual powers?
- 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
lesson three
what are examples of residual powers?
- crim law
- road laws
- education
- pub transport
- med procedure such as IVF
- electricity
- prisons
lesson three
how does the area of law, abortion differ between states?
vic = leg w/ consent up to 24 weeks gestation
nsw = leg w/ consent up to 22 weeks gestation
lesson three
how does the area of law, driving, differ between states?
- vic = drivers can gain their provisional license after turning 18 whereas in qld at 17
lesson four
what does section 109 state?
- 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
lesson four
what are the two main ways in which inconstancies over area of lawmaking can occur between cthh & st parliament?
- 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
lesson four
how does the cth & st attempting to legislate in concurrent areas cause inconsistencies to arise?
- since this is a shared area of lawmk, bthh parls can leg & introd valid law
- e.g. taxation / marriage / instrastate trade
lesson four
how does the cth & st attempting to legislate in their own areas of lawmaking and conflicting arising cause inconsistencies?
- = 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
lesson four
how does s109 operate when an inconsistency arise?
- 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
lesson four
what does it mean for s109 to state that the cth law will prevail?
- 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
lesson four
what does ‘to the extent of the inconsistency’ mean?
- 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
lesson four
what does it mean for section 109 to outline that states can still make laws on the topic?
- 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
lesson four
what are the three impacts of s109 on cth & st legislation?
- 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
lesson four
what does s109 requiring a case to bbe brought forward in the courts mean?
- 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
lesson four
what does it mean for s109 to restrict the law-making powers of the states?
- 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
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?
- 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
lesson seven
what are the three recognised factors that influence parliaments lawmaking?
- the bic struct of parlia
- int press
- rep nat of parl
lesson seven
what are the four main ways to outline the influence of a bicameral structure on the lawmaking ability of parliament?
- the comp of the UH
- the ‘rubber stamp’ effect
- a hostile senate
- sitting days
lesson seven
what does the composition of the upper house refer to?
- ref to the no. of seats that are held by sen & from what pol parties they are from
lesson seven
what is the balance of power?
- 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)
lesson seven
what happens when the government does not hold majority in the upper house?
- 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
lesson seven
what are the impacts of the composition of the upper house?
- 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
lesson seven
what is an example of government in the upper house negotiating with crossbenchers in order to pass bills?
- 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
lesson seven
what does a hostile upper house refer to?
- a sit where govt x hold maj in UH –> memb of opp / crosb = delib block / rej initiatives intro. by govt in LH
lesson seven
what are impacts of a hostile upper house?
- delays
- lack of law reforms being intro by govt
lesson seven
when does the rubber stamp effect occur?
when govt holds maj of seats in both LH & UP –> leg can pass through ‘rubber stamp’ effect
lesson seven
what does ‘rubber stamp’ effect mean?
- 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
lesson seven
what are the benefits of the ‘rubber stamp’ effect?
- 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
lesson seven
why is te ‘rubber stamp’ effect negative?
- may be consid detrim as bills may x be adequ deb & lim the rol of UH as a ‘house of review’
lesson seven
what is the number of sitting days?
- 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
lesson seven
how does the limited no. of sitting days by both houses influence?
- influ abil to make laws in that it can cause lengthy delays to pass leg
lesson seven
what are the strengths of the bicameral structure?
- 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
lesson seven
what are the limitations of the bicameral structure?
- 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
lesson eight
what are internation pressures?
- 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
lesson eight
why does australia feel the pressure to respond to international pressures?
- 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
lesson eight
where does international pressures come from?
- treaties (agreements) aust signed w/ oth countries
- int declar
- the UN
- oth org
lesson eight
what are international treaties referred to as?
- 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
lesson eight
define ratification
- 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
lesson eight
what happens when parliament agree to a treaty?
- should agree –> bill = drft & go thr proc to rec roy ass
- if parl = x rat treaty will x leg eff in aust
lesson eight
what is an example of an international treaty and the legislation enacted under australian law?
- 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)
lesson eight
are international declarations legally binding?
- 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
lesson eight
what is the untied nations aim?
- the intergovernmental org aims to prom int eace, str HR & ach int coop for prob affecting glob comm
lesson eight
what did the UN found?
- the charter of the UN
lesson eight
what does the charter of the UN grant?
- 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
lesson eight
what is an example of the charter impacting the victorian government?
- 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
lesson eight
what are the strengths of international pressures on parliament making laws?
- 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
lesson eight
what are the limitations of international pressures on parliament making laws?
- 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
lesson nine
define representation?
- 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
lesson nine
from indicating research who is the average MP?
- male
- univ edu
- born in aust
- turning 45-64 during elect yr
lesson nine
how does the representative nature of parliament affect their ability to make laws?
- refl the comm & having div rep
- reg elect
- the willingness to act in accord w/ views of the maj
lesson nine
what are the strengths of the representative nature of parliament?
- 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
lesson nine
what are the weaknesses of the representative nature of parliament
- 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
lesson ten
what is a check?
- 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
lesson ten
within the constitution what are the three mechanisms that operate to act as a check/balance on cth making powers?
- representative govt
- sep of pwrs
- express rights
lesson ten
what is a representative government?
- 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
lesson ten
how does the consititution ensure a representative government?
- thr sect 7 & sect 24
lesson ten
define section 7
- the senate shall be composed of senators for each state, dirct chosen by the ppl of the state
lesson ten
define section 24
- the HoR shall be comp of memb directly chosen by the ppl of the cth
lesson ten
why is the the role of the high court also a mechanism to check on cth lawking powers?
- constit thr sect 75 & 76 prov the HC as the only court that can inter to words w/n te constit
lesson ten
what happens should cth parliament disagree with a high court ruling
- x abrogate this common law dec
lesson ten
what happens should cth parliament disagree with a HC ruling over the meaning of the words within the consitution?
- they can init a change to the wording of the consit thro a ref outlined in sect 128
lesson ten
what should happen should another party disagree w/ a HC ruling over the meaning of the words w/n the constit?
- 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
esson ten
what is ultra virus?
- parl = acted outside its jurid bound
- beyond the pwrs
lesson ten
what was the argument presented by Roach in the HC?
- 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
lesson ten
what was the rationale behind the HC decision?
- 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
lesson ten
why is the Roach v Electoral commisioner (2007) significant? what did it affirm?
- 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
lesson ten
what are the strengths of the role of the HC to act as a check on cth parliament?
- 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
lesson ten
what are the weakeness of the HC roe of acting as a check on cth parliament?
- 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
lesson eleven
what is the purpose behind the separation of powers?
- 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
lesson eleven
what are the three components to the separation of powers?
- legislative
- executive
- judiciary
lesson eleven
define the legislative
- abil to make the law or make amendments to the law
- s1
- cth parl can exerc
lesson eleven
define executive
- abil to admin or ens that the law is enacted into the community / implement / put it into place
- s61
lesson eleven
define judicial
- abil to apply the law the enforce the law
- indep ruling on laws
- s71
- courts
lesson eleven
who has both legislative and executive powers?
- pr min
- min
- cabinet
lesson eleven
what are the strengths of the separation of powers to act as a check on parliament?
- 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
lesson eleven
what are the weaknesses of the separation of powers to act as a check on parliament?
- 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
lesson twelve
what are the 5 rights for the australian ppl that are entrenched in our constitution?
- 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
lesson twelve
what does an express right mean?
- 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
lesson twelve
what is the right to the acquistion of property on just terms?
- 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
lesson twelve
what is the right to no discrimination based on state of residence?
s117 states that x create or app laws in a discrim manner based upon an indiv st of resid
lesson twelve
what is the right to a trial by jury for commonwealth indictable offences?
- s80 all cth ind off must be tried before a jury should the acc plead x guilty
lesson twelve
what is the right to freedom of interstate trade and commerce shall be free?
- s92 cth parl & st x restr flow of trade & movement of goods b/w states
lesson twelve
what is the right to a freedom of religion?
- 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
lesson twelve
what does the freedom of religion mean?
- cth x pass laws the rest reli pract
- impose rel on an indiv
- prom discrim ag an indiv on basis of their rel
lesson twelve
however the freedom of religion does not apply to what?
- 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
lesson twelve
what are the strengths of the ability of express rights to check cth lawmaking powers?
- 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
lesson twelve
what are the weakness of the ability of express rights to check cth lawmaking powers?
- 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
