Topic two Flashcards by Tahlia M

Reasons for federation

Free trade 
Immigration 
National defence 
Industrial relations 
Communications 
Nationhood

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Reasons it took so long

Colonial pride
Inter-colonial rivalry
Geographical diversity

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Two conditions of federation

Privy court

- Can’t make laws contradictory to British laws

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1840

Depression

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1872

ANA becomes influential pressure group for federation

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1890

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

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1891

National Australasian Convention 1891

Completed Draft Constitution Bill

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1893

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

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1895

Premiers’ conference 1895

Adopt a modified version of the Corowa plan

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1897

Second Australasian Federal Convention 1897

Redrafted the constitution bill (amendments and finalisation)

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1898

referenda conducted in SA, NSW, VIC, TAS

Failed because NSW fell short of a majority

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1899

Every state but WA agreed

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1900

Assented and proclaimed

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1901

Inaugurated

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Functions of the constitution

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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Treaties

A bilateral agreement between to nations

Conventions

A multi-lateral agreement between multiple nations

International Law

Regulates the relationship between nations and international organisations

Why is there little mention of international law in the con

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

Two references to international law in con

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

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

Treaty making process

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

Commonwealth of Nations

Successor of the British empire

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

2 examples of treaties

FTA

Investment treaties with argentina and china

What is the United Nations

An international organisation established to address issues of global concern

What are the UN's primary objectives

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

Four main bodies of the UN

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

Human rights and our domestic law

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

International criminal court

- 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

Leg arm and international law

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

Exe arm and international law

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).

Jud arm and international law

determine whether the intent and resulting legislation agree.