U4AOS1 The People and The Constitution

Question 1

Define federation

Answer 1

The union of sovereign states that gave up some of their powers to a central authority to form Australia

Question 2

Role of The House of Representatives

Answer 2

Determine government.
People’s house= reflects majority opinion on election.

Question 3

Role of Senate

Answer 3

Represents state in national parliament
Act as house of review
scrutinise bills through the committee process initiate and pass bills

Question 4

Role of Legislative Assembly

Answer 4

Form government
Initiate and pass bills
Initiate money bills

Question 5

Role of Legislative Council (Name at least three)

Answer 5

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

Question 6

How many members in the Legislative Council

Answer 6

40 Members

Question 7

The role of the Crown

Answer 7

Granting royal assent
Withholding royal assent
Appointing Executive Council

Question 8

What is the division of law?

Answer 8

Residual Powers
Concurrent Powers
Exclusive Powers

Question 9

Example of Residual Powers

Answer 9

criminal and civil law, transport and road laws, education, healthcare, and medical procedures

Question 10

Define Residual Powers

Answer 10

Powers left in the State’s hands at the time of Federation, not specifically written in the Constitution

Question 11

Define Concurrent Powers

Answer 11

Can conly be exercised by Commonwealth Parliament

Question 12

Examples of Concurrent Powers

Answer 12

Trade, taxation, marriage and divorce, postal

Question 13

Define Exclusive Powers

Answer 13

Powers both state and Commonwealth parliaments use.

Question 14

Examples of Exclusive Powers

Answer 14

Defence, currency, customs and border patrol

Question 15

What is Section 109 of the Constitution

Answer 15

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.

Question 16

Significance of S109

Answer 16

Designed to help resolve inconsistencies between State and Commonwealth laws.
Places a restriction on law-making

Question 17

Insignificance of S109

Answer 17

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.

Question 18

What are five checks the Australian Parliament has on law making

Answer 18

Bicameral structure
Express protection of rights
seperation of powers
Role of High Court in interpreting AC
Requirement for double majority

Question 19

What is a rubber stamp Senate?

Answer 19

Majority of seats in lower and higher house, makes scrutiny difficult. Forces parliament to check boxes without consideration.

Question 20

Define
executive power

Answer 20

Administrate the law and manage the business of government.

Question 21

Who is vested executive power at Commonwealth level

Answer 21

Governor-General
The Crown

Question 22

Who is vested executive power

Answer 22

Prime Minister
Senior Ministers
Government Departments

Question 23

Define legislative power

Answer 23

make laws

Question 24

Define judicial power

Answer 24

Given to courts and tribuna;s to enforce the law and