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Legal > Topic two > Flashcards

Topic two Flashcards

1
Q

Reasons for federation

A 
Free trade 
Immigration 
National defence 
Industrial relations 
Communications 
Nationhood
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2
Q

Reasons it took so long

A

Colonial pride
Inter-colonial rivalry
Geographical diversity

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3
Q

Two conditions of federation

A
  • Privy court

- Can’t make laws contradictory to British laws

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4
Q

1840

A

Depression

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5
Q

1872

A

ANA becomes influential pressure group for federation

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6
Q

1890

A

Australasian Federation Conference
Discussion of Parkes’ federation proposal
They discuss federation and draft a constitution bill

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7
Q

1891

A

National Australasian Convention 1891

Completed Draft Constitution Bill

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8
Q

1893

A

Corowa Conference
‘People’s conference’
ANA proposed the idea for a referendum

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9
Q

1895

A

Premiers’ conference 1895

Adopt a modified version of the Corowa plan

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10
Q

1897

A

Second Australasian Federal Convention 1897

Redrafted the constitution bill (amendments and finalisation)

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11
Q

1898

A

referenda conducted in SA, NSW, VIC, TAS

Failed because NSW fell short of a majority

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12
Q

1899

A

Every state but WA agreed

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13
Q

1900

A

Assented and proclaimed

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14
Q

1901

A

Inaugurated

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15
Q

Functions of the constitution

A

Established a federal system of government
DOP
SOP
Con Mon
Established free trade
Constitutional rights
Provided a way to change the constitution
To allow states to become part of the commonwealth

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16
Q

Treaties

A

A bilateral agreement between to nations

17
Q

Conventions

A

A multi-lateral agreement between multiple nations

18
Q

International Law

A

Regulates the relationship between nations and international organisations

19
Q

Why is there little mention of international law in the con

A
  • Great Britain was to maintain control of Aus’s foreign relations
  • International law was only seen as a guiding law rather than law that would bind a nation
20
Q

Two references to international law in con

A

S51XXIX - The CW has specific power with respect to external affairs.

S75 - The HCA has original jurisdiction to hear matters arising from a treaty.

21
Q

Treaty making process

A
  • Executive gov (cabinet decides to enter into an agreement)
  • Executive gov (signs a treaty)
  • Minister tables treaty
  • JSCOT
  • Draft a new proposed legislation
  • Parliamentary enactment
  • Proclaimed and gazetted
  • Judicial review
22
Q

Commonwealth of Nations

A

Successor of the British empire

Membership of the CW is based on a common allegiance to the British Crown

23
Q

2 examples of treaties

A

FTA

Investment treaties with argentina and china

24
Q

What is the United Nations

A

An international organisation established to address issues of global concern

25
Q

What are the UN’s primary objectives

A
  • Maintain international peace and security
  • Develop friendly relations among nations
  • To co-operate internationally to solve economic, social, cultural and humanitarian problems
26
Q

Four main bodies of the UN

A

Economic and social council
General assembly
Security council
International court of justice

27
Q

Human rights and our domestic law

A

We have not incorporated the Human Rights Treaty into domestic law.

28
Q

International criminal court

A
  • Created by the rome statute of 1998
  • To incorporate the obligations of the rome statute, Australia passed the International criminal court act in 2002 to enable australian courts to hear international crimes
  • ICCC can only hear crimes that occurred after 2002
  • Addresses genocide, crimes against humanity and war crimes
  • ICCC decisions are persuasive on courts, but the GG decides if they are binding
29
Q

Leg arm and international law

A
  • treaties are not law
  • treaty actions must be tabled in 15 days unless they are significant, 20 days
  • NIA must be completed for each
30
Q

Exe arm and international law

A

To have the obligations of these treaties incorporated into Australian law

  • pass legislation using external affairs power
  • Co-op federalism
  • Can use regulation to make treaties enforceable (Enabling acts).
31
Q

Jud arm and international law

A

determine whether the intent and resulting legislation agree.

Legal (5 decks)

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