12PAL Unit 3 Key Sections of the Australian Constitution

Section 7 (Senate)

The Senate shall be composed of senators for each State, directly chosen by the people. Enshrines representative govt. Used in Roach (2007) to infer voting rights.

Section 24 (House of Reps)

The House of Reps shall be composed of members directly chosen by the people. Foundation of representative government. Used in Rowe v Electoral Commissioner.

Section 28 (Duration of House)

House of Reps lasts 3 years, may be dissolved earlier by GG. Basis for early elections, used during 1975 crisis.

Section 51

Grants concurrent legislative power to the Cth. Includes powers like taxation (ii), corporations (xx), external affairs (xxix), referral (xxxvii). Expanded via cases like WorkChoices, Tasmanian Dam.

Section 52

Lists exclusive powers of the Commonwealth Parliament. States can't legislate in these areas.

Section 53

Senate can't initiate/amend money bills. Reflects Westminster-style restriction with federalist twist.

Section 57

Double dissolution trigger for deadlocks. Used in 1975 crisis and other disputes between houses.

Section 61

Executive power vested in the Queen and exercisable by the GG. Foundation of executive power. Limited in Williams v Commonwealth.

Section 62

Federal Executive Council advises the GG. Cabinet functions as this in practice.

Section 63

GG acts on advice of Federal Executive Council. Codifies responsible government convention.

Section 64

GG appoints Ministers, who must sit in Parliament. Ensures ministerial accountability to Parliament.

Section 68

GG is commander-in-chief of armed forces. Ceremonial role; exercised on advice of PM.

Section 71

Judicial power vested in the High Court and other federal courts. Establishes separation of judicial power.

Section 72

Appointments and removal of judges. Ensures judicial independence; age 70 retirement; removal by Parliament for misbehaviour/incapacity.

Section 73

High Court has appellate jurisdiction. Ensures national uniformity in law through appeals.

Section 75

High Court's original jurisdiction, including intergovernmental and treaty matters.

Section 76

Parliament can give the High Court original jurisdiction over constitutional issues.

Section 87 (Braddon Clause)

Required return of customs revenue to states. Now obsolete, symbolises fiscal federalism roots.

Section 90

Exclusive Cth power over customs and excise. Prevents state revenue raising, deepens VFI.

Section 92

Trade within the Cth shall be free. Used to strike down discriminatory trade laws.

Section 96

Cth may grant money to states on conditions it chooses. Legal basis for tied grants; coercive federalism.

Section 107

States retain powers not exclusively vested in the Cth. Theoretical basis for residual powers.

Section 109

If State and Cth laws conflict, Cth prevails. Used in Tasmanian Dam Case; key to federal supremacy.

Section 128

Mode of altering Constitution. Requires double majority in referendums. Used in all formal constitutional change.

s5

GG may prorogue Parliament and dissolve the House of Representatives; Parliament must sit at least once a year. Allows executive control over parliamentary schedule.

s15

Senate casual vacancies must be filled by a replacement from the same political party (post-1977). Preserves party balance and Senate proportionality.

s28

House of Representatives lasts up to 3 years unless dissolved sooner by the GG. Ensures electoral accountability; relevant to the 1975 crisis.

s32

GG must issue writs for House elections. Ensures the regular renewal of representative government via elections.

s58

GG may assent to, withhold assent, or reserve bills for the monarch. Reflects formal legislative process and reserve executive powers.