Set 10

Why is the Senate more diverse?

Proportional voting, by quota, allows independents and minor parties to get seats

How did the Constitution originally exclude Indigenous Australians? (Indigenous – Constitution)

s51(xxvi) left them to state control; s127 excluded them from being counted in the population.

What is the composition of the ICJ? (International Courts)

15 judges elected for 9 years by UNGA and Security Council.

What are the two functions of the ICJ? (International Courts)

Settle disputes between states, give advisory opinions to international organisations.

Arguments against human rights treaties? (Human Rights – Against)

Undermine sovereignty, committees act politically, division of powers limits compliance, monitoring is inconsistent.

Arguments for human rights treaties? (Human Rights – For)

Provides universal standards, improves literacy, and includes compliance mechanisms.

Example of unchallenged Cth legislation? (Federal Balance – Legislation)

1950s Snowy Mountains Scheme — despite s100’s limits on waterways, it was not challenged.

Why does unchallenged legislation expand Cth power? (Federal Balance – Legislation)

If not challenged in the HCA, unconstitutional laws remain valid.

What year did the Howard government tie grants to PE funding (Federal Balance – Grants)

2004

What does s96 of the Constitution allow? (Federal Balance – Grants)

The Commonwealth can give tied grants to states with conditions.

Why has the Senate failed to protect state interests? (Federal Balance – Senate)

Senators vote along party lines, e.g. supporting the 1942 Uniform Tax scheme.

What is the Senate’s intended role? (Federal Balance – Senate)

To review House legislation in the interests of the states.

Which conventions has Australia signed but not implemented domestically? (Human Rights)

Convention Against Torture; Convention on Rights of the Child

Which human rights conventions has Australia substantially enacted? (Human Rights)

Committee on the Elimination of Racial Discrimination (via Racial Discrimination Act 1975).

What are the steps in the UN’s human rights treaty process? (UN – Human Rights)

Drafting, UNGA endorsement, member signatures, monitoring committee, ICJ enforcement.

Give two examples of non-human rights multilateral conventions. (UN)

International Civil Aviation Organisation, World Health Organisation

What does the UN Secretariat do? (UN)

Administrative body led by the Secretary-General

What is the UN Economic and Social Council (ECOSOC)? (UN)

Promotes economic, social, cultural, and human rights cooperation.

How many votes are needed for a UN resolution? (UN)

Nine — but any permanent member can veto.

Which countries are permanent members of the Security Council? (UN)

USA, UK, France, Russia, China.

What is the UN Security Council? (UN)

Body for maintaining peace and security, with 5 permanent and 10 rotating members.

How many members does the UN have? (UN)

193 member state

What is CHOGM? (British Links)

Commonwealth Heads of Government Meeting, held biennially to discuss issues like trade.

What happens after JSCOT review? (Treaty-Making)

Ratifying legislation is drafted and introduced into parliament.

What is JSCOT’s role in treaty-making? (Treaty-Making)

Inquires into treaties, reviews their impact, and reports to parliament.

What is the role of the Minister for Foreign Affairs in treaties? (Treaty-Making)

Tables intention to act on treaties in parliament.