legal

What is the division powers?

It outlines who can make laws about what under the constitution

What happened in 1898-1899?

A draft of the constitution was voted on and approved by majority of the 6 colonies that were in Australia

What happened Jan 1st 1901?

The Australian constitution and federation came into force

What does the commonwealth constitution set up?

• the structure of the commonwealth parliament

• The lawmaking powers of the commonwealth parliament

• The high court and it’s jurisdiction

The Constitution

Divided into 8 chapters with many sections, dividing the law making powers between commonwealth and state parliaments. It establishes the the Commonwealth Parliament and preserves the constitutions of the states

S1 of constitution

Outlines the requirements that the Federal Parliament be bicameral and that there be a role played by the Crown in lawmaking

Governor general

Appointed by the crown on recommendation from the PM and represents the Crown in both federal and state parliaments

Governor general roles

• Grant royal assent

• Appoint times for the holding of parliament

• Dissolve the House of Representatives and bring about an election

• Grant pardons or remit fines for offences against the laws of Australia

• Appointing ministers and other officials

Royal Assent

The final approval of a bill by the Crown so that it can become a law/act of parliament

The Senate

The upper house of the federal parliament

The senate - making laws

Most bills start in the lower house but some are started within the senate and then have to be passed by both houses.

The senate - reviewing laws

Senate is aka the house of review as they review and check legislation passed by the House of Representatives

Senate - providing for representative government

• safeguard the interests of the states

• Provides equal representation from the states

Senate - scrutinising government

• Responsible for portraying the rights of the citizens, supervise laws, gather and disseminate information

• If government don’t hold majority seats, the senate effectively questions the governments actions

House of Representatives

Lower house of commonwealth parliament, consisting of 151 members elected and each division of Australia elects one person to represent the people

House of Representatives - making law

• main function is to make laws

• Any member can introduce a proposal for a new law

• Bill must receive approval from both houses to become a law

House of Representatives - determining government

• the party with majority in the lower house form government

• To remain in government they must maintain the support of the majority of members in the lower house

House of Representatives- controlling government spending

The government can only collect taxes or allocate the spending of public if a law is passed by parliament

House of Representatives - providing for representative government

The electoral system ensures that the House of Representatives represents the interests of the majority of voters

House of Representatives - providing for responsible government

• individual members of the House of Representatives have the opportunity to present the views of their electorate by presenting petitions or raising issues during question time

• Debating of bills and issues

House of Representatives - scrutinising government

Legislation is debated, ministers make policy statements, matters of public importance are debated and ministers are questioned

Role of the Crown in Vic Parliament

• to grant royal assent

• To appoint the times for the holding of parliament

• To bring to an end a session of parliament

• To grant pardons or remit fines for offences against the laws of Victoria

• Appointing ministers and other officials

Legislative Council Structure

• upper house

• 40 members

• Victoria is divided into 8 regions, where each elects 5 representatives

• Elections are every 4 years

• Designed to ensure all Victoria has equal representation

Legislative council - making laws

• most bills start in the lower house but can be introduced in the upper house

Legislative council - reviewing laws

• provides for the review of legislation passed by the legislative assembly

• Can amend or reject projected laws

Legislative council - Providing for responsible government

The party with the majority in the Legislative Assembly does not need a majority in the Legislative Council

Legislative council - scrutinising government

• upper house has the responsibility to protect the rights of the citizen, supervise

Australian constitution

A set of rules and principles that guide the way Australia is governed

Common Law

Law made by judges through decisions made in cases

Constitutional monarchy

A system of government in which a monarch is the head of state and a constitution sets out the powers of parliament

Federation

The union of sovereign states that give up some of their powers to a central authority to form Australia

Government

The ruling authority with power to govern formed by the political party or parties that holds the majority in the lower house in each parliament. The members of parliament who belong to this political party form the government

High court

The ultimate court of appeal in Australia and the court with the authority to hear and determine disputes arising under the Australian Constitution

Judiciary

A legal term used to describe judges as a group as well as the courts as an institution

Law reform

The process of constantly updating and changing the law so it remains relevant and effective

Legislature

A legal term used to describe the body having the primary power to make law

Parliament

A formal assembly of representatives of the people that is elected by the people and gathers together to make laws

Representative democracy

A system of government in which all eligible citizens vote to elect people who will represent them in parliament, make laws and govern on their behalf

Responsible government

A legal principle which requires the government to be answerable to elected representatives of the people for its actions and which requires the government to maintain the confidence of the majority of the lower house

Rule of law

The principle that everyone in society is bound by law and must obey the law and that laws should be fair and clear so people are willing and able to obey them

Separation of powers

A doctrine established by the Australian constitution that ensures the three powers of our parliamentary system remain separate

Statute law

Law mad by parliament

Statutory interpretation

The processes by which judges give meaning to the words or phrases in an Act of Parliament so it can be applied to resolve the case before them

Legislature

A legal term used to describe the body having the primary power to make law

Bill

A proposed law that has been presented to parliament to become law. A bill becomes an act of parliament once it has passed through all the formal stages of law-making

Royal assent

The formal signing and approval of a bill by the governor general or the governor, after which the bill becomes an act of parliament

Concurrent powers

Powers in the Australian constitution that may be exercised by both the commonwealth and the states

Exclusive powers

Powers in the Australian constitution that only the commonwealth parliament can exercise

Residual powers

Powers that were not given to the commonwealth parliament under the austalian constitution and which therefore remain solely with the states

Governor

The kings representative at the state level

Governor-general

The kings representative at the commonwealth level

House of Representatives

The lower house of the commonwealth parliament

Legislative assembly

The lower house of the Victorian parliament

The legislative council

The upper house of the Victorian parliament

Residual powers

Powers that were not given to the commonwealth parliament under the Australian constitution and which therefore remain solely with the states

Royal assent

The formal signing and approval of a bill by the governor general or the governor after which the bill becomes an act of parliament

Senate

The upper house of the commonwealth parliament

Statute

A law made by parliament; a bill that has passed through parliament and has received royal assent

Australian constitution

A set of rules and principles that guide the way Australia is governed

Parliament

A formal assembly of representatives of the people that is elected by the people and gathers to make laws