Unit 4: AOS 1

Question 1

The role of the crown in law-making

Answer 1

• giving royal assent
• opening and closing parliamentary sessions
• appoints executive council
• appoints federal judges
• can overrule or disallow any Commonwealth law within one year of it being given Royal Assent

Question 2

The role of the Houses of Parliament in law-making

Answer 2

Roles of the House of Representatives
-initiates most bills
-determines the seat of government
-represents the people 
-controls government expenditure.
Roles of the Senate
-house of review
-initiates bills (except money bills)
-represents the states of Australia

Question 3

The division of constitutional law-making powers of the state

Answer 3

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Question 4

The division of constitutional law-making powers of the Commonwealth Parliaments

Answer 4

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Question 5

Exclusive powers

Answer 5

Powers in the Australian Constitution that only the Commonwealth Parliament can exercise.

Question 6

Concurrent powers

Answer 6

Powers in the Australian Constitution that may be exercised by both the Commonwealth and one or more state Parliaments.

Question 7

Residual powers

Answer 7

Powers that were not given to the Commonwealth Parliament under the Australian Constitution and which therefore remain with the states.

Question 8

Section 109 of The Australian Constitution

Answer 8

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.

Question 9

Section 51 of The Australian Constitution

Answer 9

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth

• trade and commerce I
• acquisition of property xxxi

Question 10

Section 7 of The Australian Constitution

Answer 10

The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

Question 11

Section 24 of The Australian Constitution

Answer 11

The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators.

Question 12

The means by which the Australian Constitution acts as a check on Parliament in law-making

Answer 12

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Question 13

The Bicameral structure of the Commonwealth Parliament

Answer 13

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Question 14

The separation of the legislative, executive and judicial powers

Answer 14

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Question 15

The express protection of rights

Answer 15

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Question 16

The role of the High Court in interpreting the Australian Constitution

Answer 16

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Question 17

The requirement for a Double Majority in a referendum

Answer 17

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Question 18

The significance of one High Court case interpreting sections 7 and 24 of the Australian Constitution (Roach case)

Answer 18

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Question 19

The significance of one referendum in which the Australian people have protected the Australian Constitution

Answer 19

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Question 20

The significance of one referendum in which the Australian people have changed the Australian

Answer 20

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Question 21

The significance of one High Court case which has had an impact on the division of constitutional law-making powers

Answer 21

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Question 22

The impact of international declarations and treaties on the interpretation of the external affairs power

Answer 22

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