Brainscape's Knowledge GenomeTM

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


See full index

Legal Studies > Unit 4 Outcome 1 > Flashcards

Unit 4 Outcome 1 Flashcards

1
Q

What is the constitution
when was it made

A

Set of rules according to which a state or other organisation is governed.
1901

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

Roles of constitution 4

A
  • Provide legal framework for structure of parliament (house of reps and senate)
  • Separation of powers
  • Establishing law making powers commonwealth has
  • Distributes law making powers between states and commonwealth
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a bi cameral parliament

A

A parliament with two houses

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

Role of parliament

A

Make law

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

Stages of a bill
11

A

First reading
Second reading
Consideration in detail
Third reading
Bill passes first house
Same procedure for second house
Bill passes second house
Royal assent
Proclamation
Bill becomes a law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Structure of commonwealth parliament
3

A

The crown
House of reps (lower)
Senate (upper)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

House of reps

A

The lower house
151 seats, party with 76 seats wins gov
Cabinet makes policy’s and decide on laws needed to be changed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Role of house of reps
3

A

Initiate laws- In order for bill to pass to next house, majority members have to vote for it to pass first house
Determine gov
Provide for responsible and representative gov

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Senate

A

Upper house
76 elected members
Each state 12 reps
House of review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Role of senate
3

A

Act as house of review
Initiate and pass bills
Ensure responsible gov

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

The crown
3 roles

A

Appoints governor general
Gov general - david hurley

Grant royal assent
Suggest amendments to legislation
Appoint times for holding parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Structure of the VIC parliament

A

Legislative assembly - lower
Legislative council - upper

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Legislative assembly

A

Lower
88 seats
Leader = premier

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

Role of legislative assembly

A

Initiate and pass laws
Form gov
Provide for representative gov

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Legislative council

A

Upper
40 seats

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

Role of legislative council

A

Review laws
Examine bills through committees
Represent interests of regions

17
Q

Division of powers - Residual

1 example

A

Laws not mentioned in constitution so are left to states
Eg. crime or education

18
Q

Division of powers - Specific

example for each

A

Exclusive - only cth can make
eg. foreign affairs
Concurrent - both cth and states can make
eg. taxation

19
Q

3 strengths and weaknesses of a bi cameral parliament

A

Allows for review of legislation but the government controls upper house so review isn’t no as affective

Provided for in constitution so cannot be easily changed but it does not apply to state parliaments

Should safe guard interests of the states however often does not because member likely vote with their party

20
Q

Separation of powers.

A

Legislature - makes laws (house of reps and state)
Executive - administers laws (crown/parliament)
Judicial power - applies laws (high court)

21
Q

Reasons for separation of powers
2

A

Prevents power being placed in one body
Allows for check and balance

22
Q

3 strengths and 4 weaknesses of separation of powers

A
  • Keeps parliament within law making powers but judge is appointed by the executive creating an overlap so judge is not really independent
  • limits ability of corruption but the lower house is controlled by gov (making legislature and executive the same)
  • It is entrenched in the constitution so can only be removed with referendum
  • ministers both administer and make law eg. health
23
Q

Referendum

A
  • To change the wording of the Constitution Section 128 states there must be a referendum
  • Only achieved through a double majority vote
  • The actual wording of the proposed change must be voted on and then it appears in the Constitution. It can result in words being deleted or inserted into the Constitution
  • This is a restriction on Parliament because it means that Parliament cannot alter the Constitution without going to the people. So they cannot increase its powers without getting the people to agree.
    8/45 successful referendums
24
Q

3 strengths and weaknesses of referendums and double majority vote

A

Ensures Parliament cannot make dangerous changes to the Constitution without the say of the people, but people may not understand.
Protects smaller states from being overpowered by larger states but it is expensive
Voting is compulsory which ensures representation but may result in undemocratic results.

25
Q

5 express rights

A

Freedom of religion
Free interstate trade and commerce
Not to be discriminated against on basis of state you reside
Receive just terms if your property is acquired by the government
Trial by jury for indictable commonwealth offences

26
Q

5 sections to know in the consitution

A

Section 7 - The Senate: The Senate shall be composed of senators for each State, directly chosen by the people of the State.
Section 24 - House of Representatives: 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 twice the number of the senators.
Section 51 - Lists the areas in which the Australian Parliament can make laws
Section 109 - Inconsistency: 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 inconsistency be invalid.
Section 128 - Referendum: The constitution can be changed in a process called a referendum.

27
Q

3 strengths and weaknesses of express rights

A
  • Entrenched and therefore difficult to change but there are only 5 which is limited.
  • Clearly written in the constitution but an entrenched bill would be more of a protection.
  • Parliament abilities are limited but if they make a change that is ultra tires, high court must wait until a person comes before them that is standing
28
Q

role of high court in interpreting the constitution 3

1 example case

A

Guardian of the constitution
Acts as a check on Parliaments
Gives meaning to/interpret words(political advertising case/roach)

29
Q

what is a treaty
what is a declaration

A

Treaties: Binding (in international law) agreement between counties. Binding in Australia law after made into legislation. Makes a promise to uphold something
Declaration: Non-binding agreement between countries which sets out what countries aspire to achieve.

30
Q

what is the external affairs power

section and example case

A

section 51(39) external affairs power
The Commonwealth can legislate in areas traditionally thought to be residual powers if there is an international treaty.
tasmanian dams case

31
Q

impact of high courts interpretation of external affairs power 3

A

Increased power of commonwealth into areas of law which were traditionally residual
Allows commonwealth to address global concerns
It can be used for matters external to Australia without a treaty.

32
Q

limits of external affairs power 3

A

Law must be within scope of what is intended by the treaty
Must be a bona fide agreement (must have purpose)
Cannot interfere with express rights

33
Q

roach case
interpretation of section 7 and 24

A
  • In this case Vicki Roach was ineligible to vote in the Federal election because of a law that was passed by the Commonwealth indicating that all prisoners currently serving a sentence were ineligible to vote in the Federal election.
  • The High Court interpreted Section 7 and 24 as including a structural protection that in order to ensure the Houses of Parliament are chosen by the people, people must have a right to vote.
  • Because of this the High Court protected the Australian people and the Constitution, as it DECLARED INVALID LEGISLATION THAT BREACHED THE CONSTITUTION
34
Q

brislan case
- division of law making powers

A
  • Brislan was charged with not having a licence for her radio. (wireless telegraphy act)
  • Brislan challenged the act on basis that its not mentioned in section 51 so commonwealth did not have power to make the law
  • High court interpreted the piece of section 51 and stated that “other like services” included radios.
  • This resulted in a shift in the division of lawmaking powers from the states to the commonwealth
  • increased the power of the Commonwealth at the expense of the States.
  • takes a power thought to be residual and makes it concurrent.
35
Q

2 referendum cases

A

1999 Referendum
Should Australia become a republic or not?
Did not pass with a majority vote - it was not well understood and people wanted a direct say in the voting of the president.
Voting “No” made a check on Parliament in its power and it was enhanced in our political system as it reflected the people’s decisions, not the government.

Referendum 1967
When the Constitution was written it denied the Commonwealth the power to legislate for Indigenous people or to include them in the National Census.
This referendum was successful and gave power to the Commonwealth making power in relation to indigenous people concurrent.

36
Q

Double majority

A

Majority of whole Australia
Majority of voters in majority states 4/6

37
Q

what is precedent
2 types

A

a statement of law mde by the judeg giving reasons for decision
binding: precedent that must be followed
persuasive: A decision in another court that is not binding, but it is relevant to the case and an important statement of law.

Legal Studies (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions