Week 7 Lecture Flashcards
What are the four separation of power in government?
Legislature, executive, judiciary and integrity.
What does the legislature part of power do in government?
Makes law.
What does the executive part of power do in government?
Administers law.
What does the judiciary part of power do in government?
Interprets law.
What does the integrity part of law do in government?
Oversight.
What is the constitutional requirement for ministers to be members of parliament?
S64 Constitution (Cth)
S23 Constitution (Qld)
Executive accountable to Parliament; accountable to the Electorate
Governor is part of Parliament
Is the governor part of parliament?
Yes
Why is the governor responsible to the people?
Governor required to act on the advice of the Ministers
Crown, therefore, accountable to the people
When did the Commonwealth of Australia Constitution Act 1900 (Imp)?
Came into force on 1 January 1901 creating a Federation
What rules does the constitution provide?
Basic rules for government.
What does the constitution bind?
All parliament and citizens.
What are residual powers?
Basically, anything that is not otherwise expressed as an exclusive or concurrent power is a residual power
Is there a bill of rights in the Australian Constitution?
No.
Where are some express rights?
Acquisition of property by Govt (Cth) on just terms
S51(xxxi)
Trial by jury for indictable Cth offences
S80
Freedom of religion
S116
What are implied rights in Australia?
Freedom of political communication
Right to vote
What is freedom of political communication under?
Lange v ABC (1997) 189 CLR 520
What is the right to vote in Australia under?
Roach v Australian Electoral Commissioner (2007) 233 CLR 162
Under what section of the constitution provides a mechanism to change the constitution?
S128 Cth Constitution provides a mechanism to change the Constitution
What does a referendum require?
Legislation passed by a majority in both houses of Parliament
Passed by the majority of voters in a majority of States
Receive Royal Assent
How many referendums have their been since 1900?
There have been 44 referenda since 1900.
How referendums in Australia have succeeded?
Not many.
Are state constitutions uninformed in word or content?
No.
When were state constitutions originally sourced?
Originally sourced in the 19th century, normally with more recent editions
What do all state constitutions establish?
Legislature
Executive
Timing and nature of elections & representation
Terms of office
What do most state constitutions include?
MOST include provisions for the judiciary
What are terrorties?
Regions under Australian control but are not States
What are examples of terrorities?
Northern Territory
Australian Capital Territory
Norfolk Island
Christmas Island
Who has the power to make laws for the terrorities?
Commonwealth Parliament has the power to make laws for the Territories (s 122 of the Constitution)
Commonwealth can make laws on any subject
Under what section of the constitution can the commonwealth parliament make laws for terrorities?
s 122
Who is the embodiment of executive power?
The Monarch is the embodiment of executive power (the “Crown”)
s62
Under what section of the constitution is the monarch the embodiment of execuetive power?
s 61
HOWEVER, there is a requirement to act on the advice of Ministers, who form an executive council
s 62
What does the ombudsman allow?
Allows for a decision of the Executive to be challenged
Established by legislation.
What does the ombudsman investigate?
Investigates complaints about administrative actions and decisions
What legislation are the ombudsman established by?
Ombudsman Act 1976 (Cth)
Ombudsman Act 2001 (Qld)
What is the jurisidication of the ombudsman outlined by?
Statue.
What does freedom of information allow?
Allows an individual to obtain documentation relating to a government decision.
What does freedom of information provide?
Accountability and transparency
Where is legislation for freedom of information?
Commonwealth, State and Territory level
What are tribunals an alternative to?
Administrative alternatives to court
Why are tribunals a alternative to the courts?
Cheaper, less formal, more efficient, more specialised
What do tribunals derive their power from?
Legislation.
What do tribunals provide?
State and Commonwealth Tribunals
