Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Studies U3/4 > U4AOS1A - Parliament & Constitution > Flashcards

U4AOS1A - Parliament & Constitution Flashcards

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 Constitution Act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define Federation

A
  • Union of sovereign states
  • Gave up some of their powers to a central authority to form Australia
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is parliament?

A
  • A formal assembly of representatives of people
  • Elected by the people
  • Gathers to make laws
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is common law?

A
  • Law made by judges
  • Decisions made in cases
  • AKA case law or judge-made law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is statute law?

A
  • Law made by parliament
  • AKA Acts of Parliament or legislation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the Houses of Commonwealth Parliament?

A
  • Upper - Senate
  • Lower - House of Representatives
  • King’s Representative - Governor-General
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Describe the Senate

A
  • Upper Commonwealth House
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

S in Senate for ‘States’
NOTE : Do not have to remember these exact two, as long as you know another two in detail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Describe the House of Representatives

A
  • Lower Commonwealth House
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the Houses of Victorian Parliament?

A
  • Upper - Legislative Council
  • Lower - Legislative Assembly
  • King’s Representative - Governor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Describe the Legislative Council

A
  • Upper State House
  • 40 elected members
    • Eight districts of Victoria elects 5 members each
    • Each member elected for 4 years
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Describe the Legislative Assembly

A
  • Lower State House
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Describe residual powers

Division of Powers - Types

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Describe concurrent powers

Division of Powers - Types

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

Division of Powers - Types

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

34
Q

What are factors that affect the ability of parliament to make law?

A
  • Representative Nature
  • International Pressures
  • Bicameral Structure

(RIB - Yummy!)

35
Q

What is meant by the term Bicameral Parliament?

A
  • Having two houses or chambers
  • Commonwealth → Section 1 of Australian Constitution 1900
  • Victorian → Section 15 of Constitution Act 1975
36
Q

What are limitations of Parliament being Bicameral?

In relation to law-making

A
  • No majority
    • Limit government being able to implement law reform
    • Two houses makes law-making process time consuming
    • Hostile upper house → More time alotted to convincing crossbench/opposition
  • Majority
    • Automatically approve when has majority → Risk mistakes w/o debate
    • Prevent upper house from being a house of review
37
Q

What are strengths of Parliament being Bicameral?

In relation to law-making

A
  • No majority
    • Ensures bills have been well thought → Reflect values of society
    • Easily scrutinised
    • Encourages debate
  • Majority
    • More efficient → Rubber Stamp
38
Q

Outline the steps in making a law

A
  • House of Representatives - Draft
    1. 1st Reading → Introduced
    2. 2nd reading → Members debate and vote on main idea
    3. House Committee → Public inquiry, report back to HoR
    4. Consideration in Detail → Members discuss and make changes
    5. 3rd Reading - Final form, voting
    6. Pass ✔️
  • Senate
    1. 1st Reading
    2. 2nd Reading
    3. Senate Committee
    4. Committee of the Whole
    5. 3rd Reading
    6. Pass ✔️
  • Governor-General
    1. Royal Assent → Signed ✅👑
    2. Bill becomes Act of Parliament 🧑‍⚖️
39
Q

What are international pressures?

A
  • Demands or forces applied to parliaments to persuade them to make laws to address matters of international concern
  • Australia is an active member of the global community → Also founding member of United Nations
    • Expected to uphold values like human rights + limiting impact on climate change
40
Q

What are sources of pressure?

A
  • Local or National
    • Local activist groups who organise petitions
    • National corporations who earn large profits
    • Non-Government Organisations
  • International
    • International activists who gain a large following
    • Other countries who may criticise Australia to change laws
    • The UN or one of its bodies → Economic and Social Council
    • Large Transnational Corporations → Google and Meta

Do not have to remember all

41
Q

How are international pressures successful in restricting Commonwealth?

A
  • Able to address important matters through the form of the law

More detail can be used with case information on an assessment

42
Q

How are international pressures unsuccessful in restricting Commonwealth?

A
  • Australia has to follow the actions of other countries
    • Member of United Nations
    • More scrutiny and judgement worldwide to follow the values of human rights and combating climate change
43
Q

Describe the representative nature of parliament

A
  • Members elected into power should represent the views of the people
    • Failure to do so → Risk not being re-elected
44
Q

State points for diversity in parliament

A
  • Increase in female politicians → 59 HoR, 43 Senators
  • More First Nations members → 2022; 8 Senators, 3 HoR
  • Individuals and communities can reach out to local members of parliament
  • Parliament can rely on other law reform bodies and institutions to gauge views of the community
45
Q

State points against diversity in parliament

A
  • First Nations/ non-European members are low compared to general Australian population
  • Groups can have interests misinterpreted or ignored due to a lack of diversity
  • Some members may find it difficult to understand the importance of an issue
    • Can result in underplaying it or pushing for it to be passed
46
Q

Describe how the views of the majority affect the acts of members of parliament

A
  • Public feels a law needs to be changed
    • Petition
    • Demonstration
    • Social Media for awareness
    • Contact local member of parliament
  • Push parliament members to try and act on behalf of the people
    • However if the views are controversial or unpopular → Members may be reluctant to vote them
47
Q

What are strengths of regular elections?

A
  • Public vote out any members of parliament not representing views
  • 4 year period is enough to show whether members of parliament have implemented beneficial laws for the people
48
Q

What are weaknesses of regular elections?

A
  • Not held on a fixed date
    • Can be manipulated so that it is during a time a certain government has the most public support
  • 4 years limits ability of government to implement long-term solutions because of the threat of re-election
49
Q

What are 3 ways the Constitution acts as a check on parliament in law-making?

A
  • Separation of legislative, judicial and executive powers
  • High Court protects the principle of representative government
  • Express protection of rights

(SHE - Slay~! 💋)

50
Q

Why does parliament require restrictions in law-making?

A
  • Need to make sure they don’t abuse their power
    • Although they are the supreme law-making body they do not have absolute power
51
Q

What is the High Court responsible for?

In relation to checks - Constitution

A
  • Principle of representative government
    • Section 7 - Senate
    • Section 24 - House of Representatives
  • Members in each house of the Commonwealth Parliament are ‘directly chosen by the people’
  • High Court determines the meaning of Section 7 + 24
    • Restricts the ability of Commonwealth to make laws that infringe on the rights of people to vote in elections
    • Protects the ability of people to freely communicate on political matters
52
Q

Briefly describe the Roach V Electoral Comissioner case

High Court as a check

A
  • Electoral and Referendum Amendment Act 2006 → Prevented all prisoners from voting
    • Change from previous act of only people serving 3 years or over being restricted
  • Roach challenged the constitutional validity
  • High Court deemed new act immoral but old act from 2004 valid → Revert back
    • Interpreted ‘directly by the people’ as inclusive of prisoners - Section 7 & 24
    • Should only be prevented from voting if: Unsoundness of mind, treason, serious criminal misconduct
  • Decision significant because…
    • Even though Commonwealth is the supreme law-making body they do not have absolute power
    • Individuals can still challenge decisions when part of a minority
    • High Court gives insurance that when Acts of Parliament do not reflect views of the people they can be altered upon further consideration
53
Q

How is the High Court successful in restricting Commonwealth?

A
  • Judges independent of the executive and legislature
    • Decisions based on legal principles alone rather than political pressure
    • Not impacted by the people
    • Not aligned with the views of a political party, can ensure objectivity
  • High Court + Principle of representative government are contained in the Constitution
    • Can only be abolished if there is a referendum
    • Cannot change the Constitution on a spontaneous, opinionated basis - Also applies to if new political groups are introduced and want to alter something to align to their views

Do not have to be these two points - Can be the other two in detail

54
Q

How is the High Court unsuccessful in restricting Commonwealth?

A
  • Judges can only rule on the facts of the case
    • Cannot make decisions based off of implications or potential consequences - Must base off of exact wording
  • Limited to interpreting the Constitution rather than changing the wording
    • In the case where a section is vague, they cannot add words or phrases to make it clear without a referendum
    • Can only make a precedent - E.g They interpreted it in a certain manner in previous years

For the first point, in an evaluate question most of the mark would be based on referencing the case or creating a hypothetical
BUT it does not have to be these two points - Can be the other two in detail - Just make sure they match your strengths

55
Q

What is the separation of powers?

Who is responsible for the laws

A
  • Three types of powers that ensure that no body has absolute power
    • Executive 👑 → Administer laws and manage government business - Section 61 Role of Governor-General
    • Legislative 📖 → Power to make laws and lies with Parliament - Section 1
    • Judicial - Judge 🧑‍⚖️ → Power given to courts and tribunals to enforce laws and settle disputes - Section 71 Separate to legislative arm (no one body has full power)

Executive and Legislative are combined at a Federal level - Prime Minister in lower house

56
Q

How are the separation of powers successful as a check on Parliament?

A
  • Executive arm scrutinised by parliament
    • A wide range of perspective to decide whether something is appropriate (a lot of people in Parliament)
    • Executive Council makes separate decisions about law reform and then present to parliament
  • Upper house controlled by opposition
    • Hostile upper house - Debate is encouraged
57
Q

How are the separation of powers unsuccessful as a check on Parliament?

A
  • Legislative and executive are combined
    • Decreases ability of separation of powers to restrict each arm
    • People in executive council part of lower house - Same ideas (Prime Minister, Senior Minister, Governor-General)
  • Government controls Senate
    • Less scrutiny
    • Rubber stamp
58
Q

What is an express right?

A
  • Right explicitly listed in a document or constitution
  • Australian Constitution currently has 5 express rights
    • Cannot be modified or removed unless there is a successful referendum
59
Q

What are the 5 express rights?

A
  • ★ Freedom of Religion - Section 116
    • Cannot make a law that establishes a state religion
    • Protects free exercise of any religion
  • Trade within the Commonwealth - Section 92
    • Interstate trade and commerce must be free (also applies to people)
  • Acquisition of Property - Section 51 (xxxi)
    • Just terms must be provided when acquiring property
  • Trial by Jury - Section 80
    • Indictable Commonwealth offences
  • Discrimination by State - Section 117
    • Unlawful for state and Commonwealth to discriminate on the basis of what state they reside in

Don’t need to remember sections
Freedom of Religion tends to come up on exams
Not as essential to remember rights - More about strengths & weaknesses for a evaluate

60
Q

How are express rights successful in restricting Commonwealth?

A
  • Limits on what parliaments can make laws about
  • Cannot be removed by Parliament unless through a referendum
61
Q

How are express rights unsuccessful in restricting Commonwealth?

A
  • Protection of rights does not prevent Parliament from passing law → Will need to be challenged in court before becoming invalid
  • Because express rights can only be changed via referendum, it is difficult
    • Makes it hard to add other rights

Legal Studies U3/4 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions