U4 AOS1 The Parliament & The People (3) Flashcards
Outline what sections 7 and 24 of the Australian Constitution say
Section 7 sets out matter related to the Senate and requires senators to be directly chosen by the people while section 24 sets out matters related to the House of Representatives and requires members to be directly chosen by the people. Both sections require the Commonwealth Houses of Parliament to be directly chosen by the people, enshrining in the Australian Constitution a system of
representative government that reflects the views and values of the majority of people that voted for it.
Who can challenge the validity of legislation?
The validity of legislation can only be challenged by a party with standing, that is, a person, government, organisation that is affected by the law in question.
Describe the impact of High Court interpretation on the division of law-making powers
Over time the High Court has tended to interpret the Commonwealth’s powers under the Constitution broadly, gradually expanding the range of matters the Commonwealth Parliament can make laws on and thereby changing the division of powers between the state and Commonwealth Parliaments.
Treaty, covenant or convention
A legally binding agreement in international law, between two or more nations to do or not to do certain things. For example, the International Covenant on Civil and Political Rights (1980).
International declaration
A statement of principles that is not legally binding in international law made by international organisations such as the United Nations (UN) meant as a guideline for behaviour, meaning that a nation may sign an international declaration but is not bound to follow the content of this document. For example, the Universal Declaration of Human Rights (1948).
Do treaties and international declarations automatically become part of Australian law?
As stated by the High Court in Kioa v West [1985] ‘treaties do not have the force of law
unless they are given that effect by statute.’ That is, any commitments made to other nations by the Australian government do not take effect in Australia until the parliament passes legislation to give effect to whatever commitments are made.
Where is the external affairs power found in the Constitution?
Section 51 (xxix)
What does the external affairs power detail?
‘The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (xxix) external affairs’.
What power does the external affairs power give Commonwealth Parliament?
The power to pass laws to give effect to the treaties it has signed with other nations, and the Commonwealth Parliament must ensure the legislation accurately reflects the contents of the treaty. Furthermore, the Commonwealth has long argued that the External Affairs power allows the Cwth to pass laws to honour its international agreements even if the legislation is not within exclusive or concurrent powers.
What happens if a nation breaches a treat, covenant, or convention made?
The potential of international sanctions being placed upon you such as trade sanctions which restrict other countries from trading goods and services with you. Or international condemnation. The idea being there is incentive to follow through on the agreement otherwise it will have a negative effect on your country.
Sign
Establishes the consent of the state to be bound by the treaty.
Ratify
Approval or agreement by the state after approval has been granted under a state’s own internal procedures, it will notify the other parties that they consent to be bound by the treaty.
Incorporate
A country makes a new law that brings a treaty into their national law.
International treaty
An agreement between two or more states or other competent parties of international law, establishing their respective rights and obligations in political, economic, or other relations.
International treaties may be bilateral or multilateral, depending on the number of parties to the treaty.
