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legal studies u3/4 > U4AOS1A - Parliament & Constitution > Flashcards

U4AOS1A - Parliament & Constitution Flashcards

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1
Q

Define Australian Constitution

A
  • A set of rules and principles
  • Guide the way Australia is governed
  • Set out in the Commonwealth of Australia Consitution Act
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2
Q

Define constitutional monarchy

A
  • A system of government
  • Monarch is the head of the state
  • Constitution sets out the powers of the parliament
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3
Q

Define Federation

A
  • Union of sovereign states
  • Gave up some of their powers to a central authority to form Australia
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4
Q

Define government

A
  • The ruling authority with the power to govern
  • Formed by political party/ies (coalition)
    • Holds the majority in the lower house in each parliament
    • Members of parliament that belong to this political party form the government
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5
Q

What is the High Court?

A
  • The ultimate court of appeal in Australia
  • Has the authority to hear and determine disputes arising under Australian Constitution
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6
Q

What is parliament?

A
  • A formal assembly of representatives of people
  • Elected by the people
  • Gathers to make laws
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7
Q

Define representative democracy

A
  • A system of government
  • All eligible citizens vote to elect who will…
    • Represent them in parliament
    • Make laws
    • Govern on their behalf
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8
Q

Define rule of law

A
  • Principle that everyone in society…
    • Is bound by law
    • Must obey the law
  • Laws should be fair and clear
    • Makes people willing and able to obey them
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9
Q

What is common law?

A
  • Law made by judges
  • Decisions made in cases
  • AKA case law or judge-made law
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10
Q

What is statute law?

A
  • Law made by parliament
  • AKA Acts of Parliament or legislation
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11
Q

What are the Houses of Commonwealth Parliament?

A
  • Upper - Senate
  • Lower - House of Representatives
  • King’s Representative - Governor-General
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12
Q

Describe the Senate

A
  • Consists of 76 elected members
    • Each state elects 12 representatives
    • Both Territories elect 2 each
  • Each Senator elected for 6 years; half elected every 3
  • Senate CANNOT initiate money bills
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13
Q

What is the Senate’s role in law-making?

Remember 2 in detail

A
  • House of Review
    • Passed through HoR, Senate is next to review
    • Can insist on changes before they accept
  • Allow for equal representation of states
    • Equal representatives from each 6 states
    • Important for smaller states to be heard
    • Section 7 of the Constitution provides that the Senate should have equal representation from each state regardless of its size or population to protect the interests of the states

NOTE : Do not have to remember these exact two, as long as you know another two in detail

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14
Q

Describe the House of Representatives

A
  • Sometimes referred to as “the people’s house” as it reflects the current opinion of the people at an election
  • Party who holds the majority of seats in this House form the Australian Government, their leader becomes Prime Minister
  • 151 members
    • Each member represents an electoral division of Australia and holds their position for 3 years
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15
Q

What is the House of Representatives’ role in law-making?

Remember 2 in detail

A
  • Scrutinise government administration
    • Ministers must be members of parliament
    • Expected to be answerable and accountable for their decisions, policies and actions (Responsible Government)
    • Upheld by enabling members to question ministers about their policies and legislative mandate during question time
    • Gov. decisions and policies can also be investigated and scrutinised through committees
  • Control government expenditure
    • Bill must pass through both houses of parliament before a government can collect taxes or spend money
    • Only house that can introduce money bills

NOTE : Do not have to remember these exact two, as long as you know another two in detail

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16
Q

What are the Houses of Victorian Parliament?

A
  • Upper - Legislative Council
  • Lower - Legislative Assembly
  • King’s Representative - Governor
17
Q

Describe the Legislative Council

A
  • 40 elected members
    • Eight districts of Victoria elects 5 members each
    • Each member elected for 4 years
18
Q

What is the Legislative Council’s role in law-making?

Remember 2 in detail

A
  • Scrutinise government administration
    • Ministers who are members of the upper house can be questioned by opposition members about their policies and proposed legislation
    • During question time
    • Government decisions can be scrutinised in the committee process
  • House of Review
    • Similar to Senate
    • Review for bills passed by the Legislative Assembly
    • Scrutinises, debates and (on occasion) amends or rejects legislation initiated by the government
    • Through the above, the upper house can apply many of the important checks and balances in the law-making process

NOTE : Do not have to remember these exact two, as long as you know another two in detail

19
Q

Describe the Legislative Assembly

A
  • 88 members who represent the 88 electoral districts of Victoria
  • Party who holds majority of the seats form the Victorian Government
    • Leader = Premier
  • Each member represents an electoral division of Victoria and holds their position for 4 years
20
Q

What is the Legislative Assembly’s role in law-making?

Remember 2 in detail

A
  • Initiate and pass bills
    • Main function
    • Usually introduced to the Legislative Assembly by a government minister (although any member may introduce a bill)
    • Takes up most of the Legislative Assembly’s work - Consideration and debate of a bill can take a long time
  • Form the government
    • Political party that has the most members in the Legislative Assembly forms government
    • Most bills initiated in the form of government bills - Reflect policies laid down by the Premier of Victoria and senior ministers

NOTE : Do not have to remember these exact two, as long as you know another two in detail

21
Q

Describe the Crown

A
  • Term that means ‘British Monarch’
    • Part of our system of Government
  • Representatives for King Charles appointed
    • Represented by six Governors at state
    • One Governor-General at Commonwealth
    • Governor-General, Governors and Premier appointed by the Crown on the advice of the Prime Minister
22
Q

What is the Crown’s role in law-making?

A
  • Granting royal assent
    • After the bill is debated on and voted through both houses of parliament - Governor-General or Governor gives their approval in order for it to become a law
  • Withholding royal assent
    • Governor-General or Governor has the authority to REFUSE royal assent so that the bill does not become law
    • Rare
  • Appointing the Executive Council
    • Executive Council consists of…
      • Prime Minister/ Premier
      • Senior Ministers
      • Assistant Ministers
    • Role to give advice to the Crown’s representative on matters such as whether to approve regulations
23
Q

Define royal assent

A
  • Formal signing and approval of a bill
    • Governor-General at a Commonwealth level
    • Governor at a State level
  • Proceeding this, the bill becomes an Act of Parliament
24
Q

Describe residual powers

A
  • Powers left over for the States
    • After concurrent & exclusive powers were decided during federation
  • Commonwealth Parliament has no authority
  • Examples…
    • Public transport
    • Education
    • Criminal law
    • Road laws

NOTE: Residual powers are referred to as “left over” because they are NOT explicitly written in the Constitution

25
Q

Describe concurrent powers

A
  • Powers that both the States and Commonwealth share when making laws
  • Any laws that are not listed as exclusive to Commonwealth
  • Examples…
    • Trade
    • Taxation
    • Marriage
    • Divorce
    • Postal/ telecommunication services

NOTE: ‘Con’ as a prefix means together

26
Q

Describe exclusive powers

A
  • Powers that ONLY the Commonwealth can make laws about
  • Constitution has exclusive powers explicitly stated
    • Also some implied powers due to other sections
  • Examples…
    • Defence
    • Currency
    • Customs/ border protection
27
Q

Compare law-making powers in terms of who they’re held by

A
  • Residual
    • State ONLY
  • Exclusive
    • Commonwealth ONLY
  • Concurrent
    • Commonwealth and State
28
Q

Compare law-making powers in terms of if they’re expressed in the Constitution

A
  • Residual
    • No
  • Exclusive
    • Yes
  • Concurrent
    • Yes
29
Q

Compare law-making powers in terms of what Sections protect them in the Constitution

A
  • Residual
    • 106
    • 107
    • 108
  • Exclusive
    • 51
    • 52
    • Others
  • Concurrent
    • 51
30
Q

Compare law-making powers in terms of if the Constitution allows them to be referred to another parliament

A
  • Residual
    • Yes
  • Exclusive
    • No
  • Concurrent
    • No
31
Q

What does Section 109 of the Constitution state? What does this mean?

A
  • ‘When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid’
  • Defends the right of the Commonwealth to make laws (concurrent) that render State laws invalid
    • If the State and Commonwealth have opposing views, Commonwealth will always win
32
Q

Why is Section 109 of the Constitution significant?

A
  • Serves as a restriction on State
    • State cannot make laws for the sake of it or for personal gain
    • Commonwealth can create their own laws to invalidate State
  • Ensures laws are consistent
    • Won’t have multiple laws for the same area that are contradictory
    • Without this…
      • Laws would be confusing
      • People less likely to follow

NOTE: Does not automatically come into effect
Law must be created by State in order to be challenged

33
Q

What is the significance of the Tasmania Dam case?

A
  • Commonwealth and Tasmania had conflicting views
    • Involved an international treaty, which Commonwealth is responsible for
    • Tasmania wanted to build a dam in an area included in the World Heritage List
    • High Court interpreted ‘external affairs’ in Section 51 as including treaties
  • Commonwealth passed the World Heritage Properties Conservation Act 1983
    • Impacted residual powers of states
  • High Court decided that Commonwealth is eligible to make laws to fulfill obligations in relation to treaties
    • Rendered Tasmanian conflicting law invalid
    • Gordon River Hydro-Electric Power Development Act
  • Decision of High Court was significant because…
    • Commonwealth are now enabled to have authority over things that were previously residual on the condition of it involving a treaty
    • It was affirmed in other cases - Richardson v Forestry Commission of Tasmania/ Lemonthyme Forest case

First few points are context on the case

legal studies u3/4 (6 decks)

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