U4 AOS1: Key concepts Flashcards
Role of the crown
At the commonwealth level the crown is the governor general while at the state level the crown is the governor
Role of parliament in law making
The main role of parliament is to make laws. A bill is a proposed law which must go through specific stages to become a statute (act of parliament) requiring a majority vote.
Commonwealth parliament: House of Reps
Lower house - ‘the people house’ or ‘the house of government’
- 150 members
- Each member represents an electoral division
Division of constitutional law making powers of state and Commonwealth
The constitution gave the Commonwealth Parliament specific powers to make laws. Some of these powers are shared with the states (concurrent powers) and some are exclusive to the commonwealth (Executive powers) and some are left with the states (Residual powers)
Exclusive
Law-making powers that are held only by the Commonwealth Parliament and only that parliament has legislative authority over those areas. The states cannot create law regarding those areas
- Law-Making powers of Commonwealth are set out under Section 51 of the AC
- Currency, customs
Concurrent
Law-making that are shared by the Commonwealth and the state parliaments.
- Trade, taxation
Residual
Those law-making powers left with the states at the time of federation. The Commonwealth Parliament has no legislation authority over these areas.
Significance of Section 109
- Acts as a restriction on state parliaments (cannot be inconsistent with the law of the Commonwealth and constrains powers where c-wealth exists)
- s109 does not automatically come into operation, rather the state passes a law inconsistent with the Commonwealth law and must be challenged to be deemed invalid.
Section 109
Designed to help resolve conflicts and inconsistencies between state and Commonwealth laws. If there is a conflict between the state and Commonwealth laws, the Commonwealth will prevail, to the extent of the inconsistency between the two pieces of legislation, and the state law provisions inconsistent shall be deemed invalid.
3 levels of government
- Federal (or national) parliament in Canberra
- State / territory parliament in each state / territory capital city
- Local councils (Shires / municipalities) across nation
Constitutional hierarchy
Has a monarch as the head of state and a constitution that establishes the parliamentary system and provides a legal framework for making laws
Australia = Representative democracy. A system in which the people vote to elect representatives to the parliaments and to make ;was and govern on their behalf
Federal
Raises money to run the country by collecting taxes on incomes, goods, services and company profits before spreading to national matters. ie trade, military
State / territory
Also raise money from taxes but receive more than half their money from the federal government and spend it on state / territory matters. ie: schools, housing, hospitals, roads
Local
Collect taxes (rates) from all local property owners and receive grants from federal and state / territory governments while spending on local matters. ie: town planning, rubbish collection, water and sewage
The Australian Constitution
A set of rules and principals that guide the way Australia is governed. The Australian Constitution was passed by the British Parliament and its formal title is Commonwealth of Australia Constitution Act 1900