U4AOS1 The People and The Constitution Flashcards
Define federation
The union of sovereign states that gave up some of their powers to a central authority to form Australia
Role of The House of Representatives
Determine government.
People’s house= reflects majority opinion on election.
Role of Senate
Represents state in national parliament
Act as house of review
scrutinise bills through the committee process initiate and pass bills
Role of Legislative Assembly
Form government
Initiate and pass bills
Initiate money bills
Role of Legislative Council (Name at least three)
Initiate new legislation
Initiate all legislation that imposes taxation or spents government revenue as the Victorian Constitution
Representing the poeple in law making
Control government expenditure.
Act as house of review
Examine bills through the committees
Initiate and pass bills
How many members in the Legislative Council
40 Members
The role of the Crown
Granting royal assent
Withholding royal assent
Appointing Executive Council
What is the division of law?
Residual Powers
Concurrent Powers
Exclusive Powers
Example of Residual Powers
criminal and civil law, transport and road laws, education, healthcare, and medical procedures
Define Residual Powers
Powers left in the State’s hands at the time of Federation, not specifically written in the Constitution
Define Concurrent Powers
Can conly be exercised by Commonwealth Parliament
Examples of Concurrent Powers
Trade, taxation, marriage and divorce, postal
Define Exclusive Powers
Powers both state and Commonwealth parliaments use.
Examples of Exclusive Powers
Defence, currency, customs and border patrol
What is Section 109 of the Constitution
When a law of a state is inconsistent with a law of Commonwealth, the latter shall prevail, and the formal shall, to the extend of the inconsistency be invalid.
Significance of S109
Designed to help resolve inconsistencies between State and Commonwealth laws.
Places a restriction on law-making
Insignificance of S109
Doesn’t automatically come into effect
Litigant must initiate case in court
Time consuming and costly
Diesn’t invalidate whole state law, only where there’s inconsistency.
What are five checks the Australian Parliament has on law making
Bicameral structure
Express protection of rights
seperation of powers
Role of High Court in interpreting AC
Requirement for double majority
What is a rubber stamp Senate?
Majority of seats in lower and higher house, makes scrutiny difficult. Forces parliament to check boxes without consideration.
Define
executive power
Administrate the law and manage the business of government.
Who is vested executive power at Commonwealth level
Governor-General
The Crown
Who is vested executive power
Prime Minister
Senior Ministers
Government Departments
Define legislative power
make laws
Define judicial power
Given to courts and tribuna;s to enforce the law and
