UNIT 4 the australian people and constituition Flashcards
westminister system:
definition
5 x key features
framework in which our parliamentary system is based and originalised from britain
key features
1- crown is head of the state
2- bicameral structure=two houses
3- plmt is the ultimate law making body
4- plmt actions are representative of the people
5- plmt should be responsible for their actions
federation:
- definition
- when was australia federated
- 3 purposes of federation
def: unification of states(colonies) to form an independantly recognised country
aust= 1st jan 1901
1- create a central authority on political issues
2- each colony retain some authority
3- balance the interests of states
the constituition
definiton?
legislation?
6 x key features?
def= an act that outlines political and legal structure along with identifying law making powers between the commonwealth and state parliaments
legislation= Australian constituition Act 1900
key features:
1- describes composition on how commonwealth will function
2- identifies law making powers of parliament
3- roles and powers of executive govts
4- roles and powers of high crt
5- 5 x express rights of australian ppl
6- defines relationship bw state and cth parliament
what are the three functions of the government and describe
legislative function- outlines structure of the cth parliament and its law making powers (making laws)
executive function- function of govt and roles of ministers/ administering laws
judicial function- establishes and outlines the power of the high court as the most superior court in australia
THE CROWN
definition?
4 x roles of the governer general?
def= crown refers to the monarchy under queen elizabeth 11. formal head of state
roles=
1-grant royal assent-allowing laws to be passed down
2- appoint times of holding parliament sessions
3- dissolve senate and house of rep
4- perform ceremonial roles=opneing and closing parliament
HOUSE OF REPRESENTATIVES
definition?
5key features?
3 x roles?
def= lower house. govt is formed after a federal election whereby voters nominate who they would like to represent them in each seat
features=
1- 151 members/seats
2- each member has an electorate which contains same number of votes
3- voters elect one member every three years
4- hors= peoples house, represent peoples interests
5- political party majority of seats
roles:
1- main role is to make laws that are passed by both houses
2- scrutinising government= where legislation is debated
3- controlling government spending= can collect taxes and allocate spending of public money
what are the three structures of the victorian parliament
governer
legislative council
legislative assembly
the governer vic plmt
definition
4 x roles
the governer is reprsentative of the queen at state level
roles:
1- appoint ministers
2- give royal assent
3- appoint parliament sitting times
4- dissolve parliament to bring about an election
legislative assembly:
definition
roles
definition:
lower house of the victorian parliament. consists of 88 representatives are elected by constituints and each electorate represents approximately 50,000 voters.
roles:
- represents the interests of people
- lawmaking where bills are considerd
- uphold representative govt
- uphold responsible govt
legislative council
definition
3 x roles
def: the upper house of the victorian plmt. consists of 40members representing 8 regions
roles:
1- scrutinising bills
2- representing regions
3- debating laws and amendments
SENATE
definition?
3 x key features?
3x roles?
def= upper house consists of 76 members from eachstate and territory allowing for an requal say
features:
1- directly elected by voters on electoral roll
2- senators are elected for a term of 6 years
3- equal number of senators allow laws to be reviewed and equally represented
roles:
1- main is uphold the views of the state when making laws
2- providing for a responsible govt= senate can call govt to account for their actions made
3- scrutinising govt= administering laws, protecting rights of citizens
functions of the council vs the assembly
x2 functions
represenative govt:
-assembly= elected to represent sapproximately same number of electors
-council= safeguard interests of people in all areas of victoria
controlling govt spending:
assembly= govt can only allocate taxes of spending of money
council= -
representative government
definition?
3 x examples?
members of parliament must act in a way that reflects the views and values of the people
examples:
- passing/amending laws
- introducing policies
- upholding interests of the region
responsible government
definition?
3 xexamples?
must act in a way that makes them accountable and answerable for their actions
examples:
- ministers providing leadership
- participate in answering questions
- participate in royal admissions
the australian constituition
definition?
4 x key features?
states the fundamental principles or rules by which a country is to be governed. establishes structures of parliament,lawmaking powers and limitations
features:
- how mps are chosen
- area of lawmaking powers
- how the constituition can be changed
- role of the high court
what is division of powers
areas of powers that are divided or allocated to commonwealth and states to legislate with jursidiction
specific law making powers
definition?
3 x examples?
those that are listed/ specified in the constituition as belonging to the commonwealth parliament
examples:
taxation
immigration
defence
exclusive powers
definition?
2 x examples
areas of law only commonwealth and parliament can legislate within. power is not shared
examples:
- control of public services
- control of railway
concurrent powers
definition?
examples x 2
those that are specified and given to the commonwealth, however have not been made exclusive therefore states can legislate in the area.
shared between the commonwealth and the states
examples:
- marriage
- divorce
residual powers
definition?
what sections
not listed or specified in the commonwealth constituition and therefore belong to state and territories. commonwealth can have power over these if state hand them over.
sect 106 and 107
section 109
what is it?
what is the impact?
what: when the constituition was developed there may be conflicts or issues that arise when 2 parliaments try to legislate in same area
impact: provides a way to resolve conflicts between commonwealth and the states when attempting to legislate in the same areas
section 109 as a method to resolve conflicts
x2
1- if conflict in concurrent powers commonwealth laws will prevail
2- inconsistancy must be challenged by commonwealth or group before sect 109 is enforced- meaning if there is no challenge laws can co exist
sect 109 as restiction to state lawmaking powers
x3
1- if a state attempts to legislate in an area of concurrent powers but a commonwealth law already exists, states are restricted
2- sect 109 is only resticted in inconstancies overlap
3- inconsistancy only applies to particular words or phrases
JOHN MCBAIN V STATE OF VICTORIA
what was the legal issue?
what did infertility treatment act 1995 state?
what was the decision of the federal act?
how was sect109 used?
legal issue: dr mcbain ivf treatment was deemed illegal for ms meldrum as she was single
act: people who are eligible for ivf are:
- married and living with their husband
- living with a man in a defacto relationship
decsion of fed crt:
held that legislation between cth and govt were inconsistant.
- challenged by the act of victoria
-in favour of mcbain
sect 109:
- decided cth legislation prevailed state legislation of victoria law that denied ivf treatment on the basis of marital status
why was john mcbain vs victoria not a high court case?
because mc bain wasnt challenging the constituition however challenging victorian parliament legislation
bicameral structure of plmt
definition
def: the parliament consists of two houses that participate with the decision making process when making laws. commonwealth consists of house of reps and the senate
how does the house of reps act as a check in the bicameral structure?
x3
1- lower house is wherre governement is formed and bills are introduced reflecting majority of the people
2- members of the lower house must be accountable for their actions to ensure transparency
3- elections are held every three years to provide australian people a chance to elect a new govt
how does the senate act as a check in the bicameral structure
x3
1- once a bill has successfully passed the lower house, it must also recieve support from the upper house to get royal assent
2- upper house compromises of equal numbers from each state to ensure voices of the state are heard fairly
3- members of the senate must be answerable and accountable for their actions