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LAW101 > Week 7 Lecture > Flashcards

Week 7 Lecture Flashcards

1
Q

What are the four separation of power in government?

A

Legislature, executive, judiciary and integrity.

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2
Q

What does the legislature part of power do in government?

A

Makes law.

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3
Q

What does the executive part of power do in government?

A

Administers law.

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4
Q

What does the judiciary part of power do in government?

A

Interprets law.

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5
Q

What does the integrity part of law do in government?

A

Oversight.

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6
Q

What is the constitutional requirement for ministers to be members of parliament?

A

S64 Constitution (Cth)
S23 Constitution (Qld)
Executive accountable to Parliament; accountable to the Electorate
Governor is part of Parliament

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7
Q

Is the governor part of parliament?

A

Yes

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8
Q

Why is the governor responsible to the people?

A

Governor required to act on the advice of the Ministers

Crown, therefore, accountable to the people

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9
Q

When did the Commonwealth of Australia Constitution Act 1900 (Imp)?

A

Came into force on 1 January 1901 creating a Federation

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10
Q

What rules does the constitution provide?

A

Basic rules for government.

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11
Q

What does the constitution bind?

A

All parliament and citizens.

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12
Q

What are residual powers?

A

Basically, anything that is not otherwise expressed as an exclusive or concurrent power is a residual power

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13
Q

Is there a bill of rights in the Australian Constitution?

A

No.

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14
Q

Where are some express rights?

A

Acquisition of property by Govt (Cth) on just terms
S51(xxxi)
Trial by jury for indictable Cth offences
S80
Freedom of religion
S116

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15
Q

What are implied rights in Australia?

A

Freedom of political communication

Right to vote

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16
Q

What is freedom of political communication under?

A

Lange v ABC (1997) 189 CLR 520

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17
Q

What is the right to vote in Australia under?

A

Roach v Australian Electoral Commissioner (2007) 233 CLR 162

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18
Q

Under what section of the constitution provides a mechanism to change the constitution?

A

S128 Cth Constitution provides a mechanism to change the Constitution

19
Q

What does a referendum require?

A

Legislation passed by a majority in both houses of Parliament
Passed by the majority of voters in a majority of States
Receive Royal Assent

20
Q

How many referendums have their been since 1900?

A

There have been 44 referenda since 1900.

21
Q

How referendums in Australia have succeeded?

A

Not many.

22
Q

Are state constitutions uninformed in word or content?

A

No.

23
Q

When were state constitutions originally sourced?

A

Originally sourced in the 19th century, normally with more recent editions

24
Q

What do all state constitutions establish?

A

Legislature
Executive
Timing and nature of elections & representation
Terms of office

25
Q

What do most state constitutions include?

A

MOST include provisions for the judiciary

26
Q

What are terrorties?

A

Regions under Australian control but are not States

27
Q

What are examples of terrorities?

A

Northern Territory
Australian Capital Territory
Norfolk Island
Christmas Island

28
Q

Who has the power to make laws for the terrorities?

A

Commonwealth Parliament has the power to make laws for the Territories (s 122 of the Constitution)
Commonwealth can make laws on any subject

29
Q

Under what section of the constitution can the commonwealth parliament make laws for terrorities?

A

s 122

30
Q

Who is the embodiment of executive power?

A

The Monarch is the embodiment of executive power (the “Crown”)

s62

31
Q

Under what section of the constitution is the monarch the embodiment of execuetive power?

A

s 61

32
Q

HOWEVER, there is a requirement to act on the advice of Ministers, who form an executive council

A

s 62

33
Q

What does the ombudsman allow?

A

Allows for a decision of the Executive to be challenged

Established by legislation.

34
Q

What does the ombudsman investigate?

A

Investigates complaints about administrative actions and decisions

35
Q

What legislation are the ombudsman established by?

A

Ombudsman Act 1976 (Cth)

Ombudsman Act 2001 (Qld)

36
Q

What is the jurisidication of the ombudsman outlined by?

A

Statue.

37
Q

What does freedom of information allow?

A

Allows an individual to obtain documentation relating to a government decision.

38
Q

What does freedom of information provide?

A

Accountability and transparency

39
Q

Where is legislation for freedom of information?

A

Commonwealth, State and Territory level

40
Q

What are tribunals an alternative to?

A

Administrative alternatives to court

41
Q

Why are tribunals a alternative to the courts?

A

Cheaper, less formal, more efficient, more specialised

42
Q

What do tribunals derive their power from?

A

Legislation.

43
Q

What do tribunals provide?

A

State and Commonwealth Tribunals

LAW101 (13 decks)

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