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VCE Legal Studies > U4: AOS1 (People + Constitution) > Flashcards

U4: AOS1 (People + Constitution) Flashcards

1
Q

1) Who is the Governor-General?

2) What is their role?

A

1) Representative of the Monarch (Queen Elizabeth) in Australia on a federal level - Peter Cosgrove

2)
- Provide Royal Assent (Queen’s signature) to bills
- Act on advice of Prime Minister
- Generally uphold the presence of the Queen

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2
Q

1) What is the Senate?

2) What is its role?

A

1) The Upper House of the Commonwealth parliament (has 76 senators)

2)

  • Give equal representation for each state (avoid undermining less populated states)
  • Provide responsible government (ensure government is not abusing legislative power)
  • Initiate bills
  • Review bills made in the HOR
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3
Q

1) What is the House of Representatives?

2) What is its role?

A

1) The Lower House of the Commonwealth parliament (has 150 members)

2)

  • Forms government (party w/ most seats)
  • Initiates most bills
  • Upholds representative and responsible government (represents each area according to size)
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4
Q

1) What is the Legislative Council?

2) What is its role?

A

1) The Upper House of state parliaments (has 40 members)

2)

  • Reviews proposed laws
  • Provides responsible/representative government
  • Represents 8 state regions
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5
Q

1) What is the Legislative Assembly?

2) What is its role?

A

1) The Lower House of state parliaments (has 88 members)

2)

  • Forms state government
  • Represents areas in proportion
  • Proposes laws
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6
Q

1) Who is the Governor?

2) What is their role?

A

1) Representative of monarch (Queen Elizabeth) in Australia on a state level - Linda Dessau

2)

  • Appoints ministers
  • Dissolves parliament
  • Grants pardons
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7
Q

1) What are Exclusive powers?

2) What are some examples?

A

1) Law-making powers which can only be exercised by the Commonwealth parliament

2)

  • Prohibits states from raising individual military
  • Prohibits states from minting individual currency
  • Imposes customs/excise duties
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8
Q

1) What are Residual powers?

2) What are some examples?

A

1) Law-making powers which can only be exercised by states

2)

  • Education
  • Housing
  • Transport
  • Public health
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9
Q

1) What are Concurrent powers?

2) What are some examples?

A

1) Law-making powers which can only be exercised by both the Commonwealth parliament and state parliaments

2)

  • Taxation
  • Marriage/divorce
  • International trade/commerce
  • Postal/telegraphic/telephonic services
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10
Q

1) What is section 109 of the Constitution?

2) Example

A

1) Section which enforces that when a law of a State is inconsistent/conflicts with a law of the Commonwealth, the Commonwealth prevails, with the State law being invalid.

2) McBain v. VIC
- McBain’s client was rejected IVF as VIC law restricted single women from treatment
- McBain challenged this with the Commonwealth Sex Discrimination Act
- Commonwealth law prevailed over VIC law

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11
Q

How does the Bicameral structure of the Commonwealth Parliament act as a check on parliament?

A

Senate acts as a house of review on the lower house/federal government.

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12
Q

How does the Separation of Powers act as a check on parliament?

A
  • Divides powers of Judicial, Executive, Legislative
  • Division avoids abuse of power
  • Each arm acts as check and balance on the others
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13
Q

How do Express protection of Rights (rights in Const.) act as a check on parliament?

A
  • Prohibits Commonwealth from exercising certain powers and protects the rights of individuals.
  • eg. s116 (freedom of religion)
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14
Q

How does the High Court’s interpretation of the Const. act as a check on parliament?

A
  • Ensures laws are applicable and relevant with modern society
  • Allows for consistency/fairness
  • Establishes precedent
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15
Q

How does the requirement of a double majority in a Referendum act as a check on parliament?

A
  • Ensures decision is consistent and equal
  • Ensures decision is made by Australian people, not parliament
  • Represents interests of people over government
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16
Q

1) Which referendum has changed the Australian Constitution?

2) What was its effect?

A

1) 1967 Indigenous Australians Referendum

2)

  • Enabled Aboriginals to vote (s127)
  • Ensured the government could legislate over Aboriginals (s51)
17
Q

1) What are sections 7 and 24 of the Constitution?
2) Which High Court case has had an impact on interpreting sections 7 and 24 of the Constitution?
3) Discuss how it achieved this.

A

1)
s7: Outlines that the Senate will be comprise of Senators chosen by the people.
s24: Outlines that the House of Reps will be chosen by the people, and details how many/election process

2) Roach v Electoral Commission [2007]

3)

  • Roach challenged amendment which stated prisoners serving any prison length could not vote
  • Amendment found to be unconstitutional (inconsistent with representative government)
18
Q

1) Which High Court case has had an impact on the division of constitutional law-making powers?
2) Case facts
3) Outcome

A

1) Brislan Case 1935

2)

  • Australians had to have a license to own a radio
  • Brisan faced criminal charges for not having license
  • Challenged that a radio was not a ‘postal, telegraphic and like services’ (s51) for which a license must be had, and therefore did not need a license for the radio

3)

  • Radio was deemed a ‘like service’ and Brislan lost
  • Commonwealth given the power to legislate on any ‘new technology communication’
  • What was a concurrent power ‘postal, telegraphic’, became an exclusive power (Commonwealth expanded power over States)
19
Q

What is the External Affairs power?

A

Commonwealth has the power to legislate on affairs involving relations with international countries.

20
Q

What are International Declarations?

A

A commitment by countries on matters of international concerns (eg. Declaration of Human Rights)

21
Q

What are International Treaties?

A

Agreement between two or more countries which outlines their political, economic or other obligations to each other.

22
Q

1) Which case shows the impact of international declarations/international treaties on the External Affairs power?
2) Case facts
3) Outcome

A

1) Tasmania Dam case 1983

2)
- Tasmania government wanted to build a dam on a world heritage site
- Commonwealth did not allow them as they had an obligation to fulfill the international declaration of protecting world heritage sites

3)

  • Tasmanian government unable to build dam
  • Showed how Commonwealth’s international obligations enabled them to make continental overrulings
  • Balance of power tilted to Commonwealth (took away from states)

VCE Legal Studies (8 decks)

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