legal studies short response IA1

unit 3 term 4 yr 11

explain the difference between bicameral and unicameral governments and describe advantages/disadvantages of each

A bicameral government has two houses of parliament that share the law-making function (a lower and upper). A unicameral parliament has only one legislative chamber that exercises full power. While the bicameral system provides stronger accountability as each house can scrutinise, amend, block legislation, it can also be slower and less efficient as disagreements prevent reforms. Whereas unicameral enables more efficient law-making. However, absence of a second house may weaken checks and balances, increasing the risk of concentrated power.

Describe the Separation of Powers Doctrine (50 words).

The separation of powers consists of three branches: the legislative branch (parliament), the executive branch (government) and the judiciary (courts). Each branch has distinct functions, the legislative makes law, the executive enforces them and the judiciary enforces them. The three branches create checks and balances on one another to ensure that no one body is in absolute power, maintaining the rule of law. 

Explain the purpose of the Australian Constitution

The purpose of the Australian constitution is to establish the legal foundation for Australia’s system of government. It creates the commonwealth Parliament, defines the division of powers and outlines the separation of powers. the constitution sets out the High Courts role in interpreting the Constitution and ensures a stable, accountable system of governance. 

Explain the purpose of s51 and explain how it creates a division of power between the Commonwealth and the States

Section 51 of the Australian Constitution sets out the specific law-making powers granted to the Commonwealth Parliament, purpose to define the areas where the Commonwealth can legislate (trade, taxation and external affairs). By listing these enumerated powers, s51 creates a division of powers, giving the Commonwealth authority over national matters while leaving all residual powers to the States. The section has been interpreted broadly by the High Court, most notably in the Tasmanian Dam Case (1983) where the Court confirmed the Commonwealth can rely on s51(xxix) external affairs. This section ensures a federal structure where each level of government has clearly defined responsibilities, supported by the High Court’s role in interpreting disputes about power.

Explain the process that is required to change the Australian Constitution

Changing the Australian Constitution requires a referendum process outlined in s128. First, the proposed amendment must pass both houses of Parliament with an absolute majority. It is then put to the Australian people, who must approve it by a double majority: a national majority of voters across Australia and a majority of voters in at least four of the six states. If this double majority is achieved, the Governor-General gives Royal Assent and the Constitution is formally altered.

Explain the purpose of s109

Section 109 ensures Commonwealth supremacy by declaring that when a valid Commonwealth and State law conflict, the Commonwealth law prevails and the inconsistent part of the State law becomes invalid. This maintains national consistency in areas of overlapping power.

Explain the purpose of s44

Section 44 sets out disqualification rules for members of Parliament. Its purpose is to ensure integrity by preventing individuals with dual citizenship, criminal convictions, insolvency, or conflicts of interest from serving, thereby protecting the Parliament’s accountability and independence.

Explain the division of powers

The division of the three levels of government and their powers is labelled the division of powers. The government levels consist of local councils, state governments and the federal government (Commonwealth). Local councils are only responsible for things like local road maintenace, public health and garbage collection, therefore don’t hold specific law-making powers. However, State powers that aren’t included in the consitution are residual powers, both state and the commonwealth share concurrent powers (with commonwealth law previaling under s109) and lastly exclusive powers which only the commonwealth can exercise.  

three responsibilites for each government

local: local road maintenance, public health, garbage collection

state: justice, education, public transport
commonwealth: foreign affairs, social security, immigration

Explain why the high court found in favour of the commonwealth parliament in the tasmanian dam case, explain the impact that this had on the division of powers.

The High Court found in favour of the Commonwealth in the Tasmanian Dam Case (1983) because the legislation was supported by s51(xxix) External Affairs. Australia had signed the World Heritage Convention, and the Court held that implementing valid international obligations falls within Commonwealth power, even if the subject matter is usually a State responsibility.

This decision significantly expanded Commonwealth authority, allowing the federal government to legislate in areas previously considered residual State powers whenever linked to an international treaty. As a result, the division of powers shifted, strengthening federal influence and reducing exclusive State control in certain policy areas.

Explain how a bill becomes a law

A proposed law, called a Bill, is introduced in the Legislative Assembly, following social pressure for change. It goes through three readings: the first introduces the Bill, its long title and purpose, the second allows debate and possible amendments (committee stage) and the third is a final review. If passed by a majority vote in the third reading, the Bill is sent to the Governor or Governor-General of Queensland for Royal Assent (signing of the bill), officially becoming law.

Explain the role and purpose of the High Court of Australia, describe the two main jurisdiction of the High Court.

The High Court of Australia is the nation’s highest judicial authority. Its purpose is to interpret and apply the Constitution, resolve disputes about the powers of governments, and ensure uniformity in the common law. It has two main jurisdictions: original jurisdiction, which allows it to hear constitutional matters and disputes between governments under ss75–76; and appellate jurisdiction, which enables it to hear appeals from federal, state and territory courts. Through these functions, the High Court safeguards the rule of law and maintains the integrity of Australia’s federal system.

Describe the term “terra nullius”

Terra nullius is a colonial legal doctrine meaning “land belonging to no one.” It was used by the British to justify acquiring sovereignty over Australia on the false assumption that Indigenous peoples had no recognised laws or land ownership systems. The Mabo (1992) decision rejected this doctrine and recognised native title.

Describe and explain the role Mabo v Queensland (no2) 1992 had in influencing legal change or law reform for native title rights.

Mabo v Queensland (No 2) (1992) fundamentally altered Australian property law by rejecting terra nullius and recognising native title for the first time. The High Court held that Indigenous land rights existed under traditional laws and customs and survived the acquisition of sovereignty. This decision directly triggered legal reform, leading to the Native Title Act 1993, which created a national framework for lodging, proving and protecting native title claims. Mabo therefore transformed the legal recognition of Indigenous rights and forced the Commonwealth to modernise land law to reflect Indigenous ownership.