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. Its purpose is to define the areas where the Commonwealth can legislate, such as 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. This 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