Unit 4: AOS 1 Flashcards
The role of the crown in law-making
- 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
The role of the Houses of Parliament in law-making
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
The division of constitutional law-making powers of the state
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The division of constitutional law-making powers of the Commonwealth Parliaments
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Exclusive powers
Powers in the Australian Constitution that only the Commonwealth Parliament can exercise.
Concurrent powers
Powers in the Australian Constitution that may be exercised by both the Commonwealth and one or more state Parliaments.
Residual powers
Powers that were not given to the Commonwealth Parliament under the Australian Constitution and which therefore remain with the states.
Section 109 of The Australian Constitution
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.
Section 51 of The Australian Constitution
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
Section 7 of The Australian Constitution
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.
Section 24 of The Australian Constitution
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.
The means by which the Australian Constitution acts as a check on Parliament in law-making
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The Bicameral structure of the Commonwealth Parliament
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The separation of the legislative, executive and judicial powers
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The express protection of rights
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The role of the High Court in interpreting the Australian Constitution
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The requirement for a Double Majority in a referendum
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The significance of one High Court case interpreting sections 7 and 24 of the Australian Constitution (Roach case)
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The significance of one referendum in which the Australian people have protected the Australian Constitution
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The significance of one referendum in which the Australian people have changed the Australian
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The significance of one High Court case which has had an impact on the division of constitutional law-making powers
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The impact of international declarations and treaties on the interpretation of the external affairs power
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