YR 12 Flashcards
GST created through what legislation
New Tax System (Goods & Services Tax) Act 1999
This reduced the ability of the Commonwealth to use S96 to intrude into State jurisdiction using GST revenue.
What is council of Federal Financial Relations?
Council on Federal Financial Relations, established alongside National Cabinet, enables States and the Commonwealth to cooperate in the exercise of their financial powers’
Example of council of federal financial relations ?
Example: $1.5 billion Energy Bill Relief Fund (2022-23) established by Commonwealth but conditional on States/Territories matching funding.
What are the three functions of Section 71?
- Creates the High Court
- Enables the creation of a federal court hierarchy.
- permits cross-vesting of judicial power
Example of Section 71, Exclusive power to create new federal courts. Give me two examples ?
The power to create “other federal courts”
1930 the Federal Court of Bankruptcy
Family Court of Australia, all states except WA
High Court Cases:
Overturning precedent - native title
Mabo v Queensland (No 2) [1992]: this landmark decision fundamentally altered t legal land ownership in Australia, by refuting the doctrine of ‘terra nullius’ and recognising ‘native title’ rights for Indigenous Australians.
What Act allows cross-vesting?
The Jurisdiction of Courts (Cross Vesting) Act 1987 is Commonwealth legislation that vests state courts with federal jurisdiction
What does jurisdiction mean?
Jurisdiction means ‘where the law speak’
What are the two roles of the high court
- determining constitutional cases under its Sections 75 and 76 original jurisdictions’
- hearing appeals under its Section 73 appellate jurisdiction. Appeals may lead to new precedents; hence, the High Court has a role in developing the common law
What is judicial power?
Judical power is the power to determine ‘rights and duties by applying and interpreting the law , usually in order to resolve a dispute.
What does it mean by other federal courts?
Section 71 specifies that parliament shall have the power to create ‘ other federal courts’. thus paraliament has an exclusive power to legislate for new federal courts
Sources of authority for the judiciary
- The Commonwealth Constitution
- The Judiciary Act 1903 – the statue sets out the legal framework for the courts
- Long-established norms & maxims that govern judicial decisions (e.g. stare decisis, doctrine of precedents, rules for statutory interpretation…)
Appointment process USA for federal judges
US president nominates a judge for appointment to the
supreme court but senate must confirm
each appointment
Fusion of Legislature and Executive - S64
Australia,S64 of the Constitution requires all ministers to be members of parliament. There is no equivalent S64 of the Australian Constitution in the US. There is fusion between the legislature and executive
Checks and Balances, Impeachment
Article 2 Section 4 lists the reasons for impeachment
Impeachment first occurs in the House of Representatives , where a simple majority approves an article of impeachment. The case then moves the Senate for trial where two thirds is required for conviction and removal
Deadlock Mechanism
The governor general may dissolve the parliament using powers under Section 57 of the Constitution if the two houses cannot agree on a bill. Congress lacks such a process which can result in legislative deadlock
Differences:Term of Office and Elections
USA: The President serves a fixed 4-year term with elections held on set dates, limited to two terms by the 22nd Amendment.
Australia: The term for the House of Representatives is three years, but elections can be called earlier by the Prime Minister through double dissolution of parliament or if they lose the confidence of the House. There’s no term limit for the Prime Minister.
Judicial similarities
Both systems emphasise the independence of the judiciary from other branches of government to ensure impartiality in legal decisions.
Both nations recognize the principle of judicial review where courts can strike down legislation or executive actions that are deemed unconstitutional
What is executive powers?
Is the power to carry out or execute laws by developing policies and implementing statutes.
Vetoing
Article I, Section 7 of the Constitution of the United States gives the president of the United States the ability to veto a bill passed by Congress. A veto prevents a bill from being enacted into law. This can provide a check on the legislative preventing their abuse of power to make unconstitutional laws
Donald Trump Case
The President Donald Trump was impeached twice but was acquitted both . In theory, impeachment is a check on the executive. Although factors such as the partisan divide, Republicans stood by Donald Trump despite his charges, therefore rendering this check ineffective in practice.
In both of Trump’s impeachment trials, the votes largely fell along party lines13. This highlights how political allegiances often take precedence over objective assessment of evidence, undermining the process’s integrity.
What is the article that lists impeachment?
Article 2, Section 4
Vice President
Article 1 Section 3
Vice President of the US Senate
Their primary power in this role is to cast tie-breaking votes in the Senate
Kamala Harris the vice president served from 2021 - 2025. During her tenure she cast approximately 30 tie breaking votes
Section 53
Section 53
It states that the Senate cannot initiate proposed laws that impose taxation, appropriate money, or collect revenue.
Money bills must originate in the House of Representatives, ensuring that decisions on taxation and spending come from the chamber directly elected by the people.
