Legal studies ia1

Received law

The direct adoption of law from another jurisdiction, often settled colonies (Australia's adoption of British law)

1828

Any laws made by the UK would no longer automatically apply to Australian colonies

1st of January 1901

Constitution established, and Australia becomes its own country

The Australian Constitution Chapters

1. The parliament 2. The executive 3. The judicature 4. Finance and trade 5. The states 6. New states 7. Miscellaneous 8. Alteration of the constitution

Section 51

Outlines the responsibilities of the federal government

Section 109

Federal law will overrule state law if they conflict

Section 128

How the constitution can be changed

Section 44

The right to stand for government

Legislature, executive, judiciary

The three arms of government

Concurrent powers

Section 51 outlines who can make laws on which matters

Prices 1973

Would give the commonwealth legislative power over prices. 44% voted yes.

Republic 1999

Would let Australia become a republic under a bi-partisan appointment model and insert a preamble into the constitution. 45% voted yes.

1967 referendum

Aboriginal Australians would be counted in the population and words regarding aboriginals in the constitution would be omitted. 90% voted yes.

Simultaneous elections 1977

Allows senate elections to be held at the same time as house of reps elections. 62% voted yes.

Separation of powers

Improves accountability by allowing divided power among arms

Governor General

Represents the monarch. Signs acts

Reserve powers

Not clearly outlined; can be executed in contradiction to the government

Double dissolution

The termination of both the house of reps and the senate by the governor general and the calling of new elections

Conditions for a double dissolution election

A bill must be rejected by the senate at least twice; it cannot be triggered in the last 6 months of a term of government; the bills causing the election must be presented to both houses separately; if the bill has not yet passed, there must be a joint sitting of parliament.

Absolute majority

One party has more than half of the seats in parliament. They can pass bills with no opposition.

Minority government

When the leading party has less than half of the seats, they must negotiate to win over the votes of independents.

Responsible government

To remain in government, a party must maintain the support of most members in the house of reps. The government must maintain the support of and is accountable to the Australian Parliament.

Representative government

The people vote for an elected representative to create laws and policies on the people's behalf.

Question time

An opportunity for the parliament to scrutinise the government and ask questions which ministers must answer.

Unicameral

Having a single chamber

Bicameral

Having two chambers

Coalition

Two or more groups combine to achieve a common goal.

Accountable government

Legislature, courts, media keep account.

The right to information act 2009

Gives citizens the right to access government-held documents.

The integrity act 2009

Not defined in the provided text.

Role of the courts

Courts interpret and decide matters of law; each court has its own jurisdiction and is limited to that jurisdiction.

High court

Established in 1903 by Section 71 of the Constitution; final court of appeal; original jurisdiction.

Specialist courts and tribunals

Includes Domestic and family violence court, Mental health court, Children's court, Murri court, Administrative appeals tribunal, Queensland civil and administrative tribunal.

Referendum

The process to change a part of the constitution; the government proposes a referendum which citizens and the parliament are required to vote on. To pass, the referendum needs a double majority, where the parliament and citizens votes are more than 50% in favour.