unit 4 sac 1 Flashcards
role of the crown
-GRANTING ROYAL ASSENT
(approving bills before they can become law)
-WITHHOLDING RAYAL ASSENT
roles of the commonwealth parliament
GOVERNOR-GENERAL - at federal level, grant or withhold royal assent
SENATE - acts as a house of review, acts as a states house
HOUSE OF REPRESENTATIVES - initiates and makes laws, represents the people
roles of the victorian parliament
GOVERNOR - at state level grant or withhold royal assent
LEGISLATIVE COUNCIL - act as a house of review, provide responsible government
LEGISLATIVE ASSEMBLY - initiate and pass bills, examine bills through its committees
The division of constitutional law-making powers of the state and Commonwealth parliaments
EXCLUSIVE - commonwealth law making powers (defence, border protection)
RESIDUAL - state law making powers (criminal law, eduction)
CONCURRENT - powers used by either the state or commonwealth (trade, taxation)
The significance of section 109 of the Australian Constitution
- designed to help resolve CONFLICTS and INCONSISTENCIES between state and commonwealth laws
- these inconsistencies occur by the overuse of CONCURRENT powers
- acts as a RESTRICTION on state parliaments
- the commonwealth law will always PREVAIL if an inconsistency was to occur
The means by which the Australian Constitution acts as a check on parliament
- BICAMERAL STRUCTURE
- SEPARATION OF POWERS
- THE EXPRESS PROTECTION OF RIGHTS
- THE REQUIREMENT FOR A DOUBLE MAJORITY IN A REFERENDUM
The bicameral structure of the Commonwealth parliament
- means that parliament has 2 houses (upper and lower houses)
- ensures there are MULTIPLE VIEWPOINTS so one parliament doesn’t abuse its law making powers
- acts as a RESTRAINT on parliament when it comes to law making
- separation of powers
- double majority
The separation of powers
- allows that one main body does not hold ABSOLUTE POWER
EXECUTIVE - administer laws, manage business of government
LEGISLATIVE - make laws which resides with the parliaments
JUDICIAL - given to courts and tribunals to enforce the law and settle disputes
The express protection of rights
- stated in the Australian CONSTITUTION
- ENTRENCHED, which means they can only be changed by a referendum
- FREEDOM OF RELIGION
- FREE INTERSTATE TRADE
- TRIAL BY JURY
- FREE OF DISCRIMINATION
- JUST TERMS WHEN PROPERTY IS ACQUIRED
- these 5 rights are PROTECTED as the parliament cannot pass legislation against these rights
The role of the High Court in interpreting the Australian Constitution
- HEAR CASES brought before them and INTERPRET its words
- cannot change the wording of the constitution but can INTERPRET its words
- GIVE MEANING TO THE WORDS
The requirement for a double majority in a referendum
- majority of voters in the whole of AUSTRALIA must vote ‘yes’
- majority of voters in a majority of STATES must vote ‘yes’
Sections 7 and 24
7 - matters related to the SENATE
24 - matters related to the HOUSE OF REPRESENTATIVES
- both require the commonwealth housed to be ‘DIRECTLY CHOSEN BY THE PEOPLE”
Referendum
- a method used for changing the WORDING of the constitution
- requires a proposal to be approved by the people in a DOUBLE MAJORITY
- 8/44 have been approved
international treaty
- legally BINDING agreement between countries or intergovernmental organisations
- in written form
- governed by international law
- needed for TRADE between countries
international declaration
- a NON-BINDING agreement between countries
- sets out certain aspirations of the parties to the agreement
