Unit 1 examples Flashcards

1
Q

Federalism

A

Tasmanian Dams case

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2
Q

Tasmanian dams case

A

Tas government wanted to put in a hydro-electric dam but it would have flooded part of the Franklin river. It was decided that under section 51 (xxix) that the dam shouldn’t proceed by upholding Australia’s international obligations under world heritage convention- set precedent

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3
Q

Executive holding executive accountable

A

Sports rorts case

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4
Q

Sports rorts case

A

Minister McKenzie was found to have assigned a disproportionately large number of grants located in marginal electorates the coalition needed to win in order to win the 2019 election, Auditor general also revealed that senator McKenzie granted $36,000 to a shooting club she was apart of

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5
Q

Legislature being held accountable by the people

A

Warringah seat and Toby Abbot

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6
Q

Warringah seat and Tony Abbot

A

People of Warringah didn’t like Abbot’s role in opposing climate change so they didn’t re-elect him

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7
Q

Legislature being held accountable by executive

A

Double dissolution

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8
Q

double dissolution

A

s57 of the constitution

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9
Q

Executive holding the judiciary accountable

A

Williams (No 1)

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10
Q

William (No 1)

A

In 2006 the government used s61 to establish the national school chaplaincy program, Williams believed that his children shouldn’t have to subscribe to a religion in a school and challenged the high court in 2010 which ruled in his favour 6:1 finding that s61 did not permit the government to fund the NSCP without legislation

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11
Q

Judicial holding the executive accountable

A

s72

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12
Q

s72

A

GG can remove justices on proved misbehavior

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13
Q

Tyranny of majority

A

All bills that were passed by the 46th parliament originated from the government- no bills passes by greens or labor

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14
Q

Tyranny of majority however/ power of the crossbench

A

Jacqui Lambie in 2019 got $157 million for Tasmanian state housing in return for her vote, coalition governments have to negotiate internally

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15
Q

Separation of powers

A

s64

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16
Q

s64

A

Constitutionally enshrined overlap/fusion between the executive and legislative

17
Q

Jurisdiction of High court

A

s75,76- has original jurisdiction to determine disputes between states and commonwealth

18
Q

Federal and state laws

A

s109

19
Q

s109

A

if a federal and state law in relation to a concurrent power lawmaking power (s51) conflict, the federal law prevails