Politics and Law Practice Exam Flashcards: Unit 3

A set of 100 flashcards covering Australian political and legal power, constitutional sections, High Court cases, and comparative US government structures based on lecture notes.

According to Section $1$, in which three bodies is the legislative power of the Commonwealth vested?

The Queen, the Senate, and the House of Representatives

Under Section $2$ of the Constitution, what is the role of the Governor-General?

The Queen's representative in the Commonwealth

How are Senators chosen according to Section $7$ of the Constitution?

They are directly chosen by the people of the State

What is the standard length of a term for a Senator in Australia?

$6$ years

Under Section $24$, how is the number of members in the House of Representatives determined?

The number of members shall be in proportion to the population of the states

What is the minimum number of members in the House of Representatives required for each original state under Section $24$?

$5$ members

According to Section $28$, how long does the House of Representatives continue from its first meeting?

$3$ years

Under Section $51$, for what purposes can the Parliament make laws?

The peace, order, and good government of the Commonwealth

Which subsection of Section $51$ gives the Commonwealth power over taxation?

Section $51(ii)$

What does Section $51(xx)$ authorize the Parliament to make laws regarding?

Foreign corporations and trading or financial corporations formed within the Commonwealth

What head of power is granted to the Commonwealth under Section $51(xxix)$?

External affairs

Which section identifies the exclusive powers of the Commonwealth regarding the seat of government and public service?

Section $52$

According to Section $90$, which two types of taxes is the Commonwealth granted exclusive power to impose?

Customs and excises

What is established by Section $107$ regarding state parliaments?

Every power of the Parliament of a Colony which has become a State is saved (residual powers)

According to Section $109$, what happens if a State law is inconsistent with a Commonwealth law?

The Commonwealth law prevails, and the State law is invalid to the extent of the inconsistency

What are the three things a Senate cannot do regarding money bills under Section $53$?

Originate bills for appropriating money or taxes, amend bills for ordinary government services, or increase any charge on the people

According to Section $57$, what can the Governor-General do if the Houses disagree on a bill twice?

Dissolve the Senate and the House of Representatives simultaneously (Double Dissolution)

How many double dissolution elections have occurred in Australian history, according to the notes?

$6$ elections

According to Section $58$, what are the Governor-General’s options after a bill passes both houses?

Grant royal assent, withhold assent, reserve for the Queen, or return with recommendations

In the case study of Williams v Cth ($2012$), what program's federal funding was challenged?

The National School Chaplaincy Program (NSCP)

What was the High Court's majority holding in Williams v Cth ($2012$) regarding executive power?

The executive needs statutory authority (parliamentary approval) to enter contracts and spend public money

What is the term for a government in which the head of state holds inherited, limited powers?

Constitutional monarchy

Under Section $61$, in whom is the executive power of the Commonwealth vested?

The Queen

What body is established by Section $62$ to advise the Governor-General?

The Federal Executive Council (FEC)

According to Section $64$, who has the power to appoint ministers?

The Governor-General

What is the key difference between the Cabinet and the Federal Executive Council (FEC)?

Cabinet is a forum for senior ministers and policy debate (convention); FEC is the constitutional mechanism for providing ministerial advice to the GG

How many additional portfolios was Scott Morrison discovered to have held in secret between March $2020$ and May $2021$?

$5$ portfolios

What was the vote count in the House of Representatives when Scott Morrison was censured on $20$ November $2022$?

$86$ for to $50$ against

Under Section $71$, where is the judicial power of the Commonwealth vested?

The High Court of Australia and other federal courts created by Parliament

According to Section $72$, what are the grounds for removing a federal judge?

Proved misbehaviour or incapacity

What is the fixed retirement age for federal judges in Australia?

$70$ years old

Which section describes the appellate jurisdiction of the High Court?

Section $73$

Under Section $75$, in what types of matters does the High Court have original jurisdiction?

Treaties, international consuls, Commonwealth as a party, disputes between states, or orders against Commonwealth officers

What 'future proofing mechanism' is provided by Section $76$?

It allows Parliament to grant the High Court additional original jurisdiction over matters involving the Constitution or federal laws

What was the ruling in 'Re Canavan' ($2017$) regarding dual citizenship?

A person is disqualified if they were a dual citizen at the time of nomination, regardless of whether they knew of their status

In Minister for Home Affairs v Benbrika ($2021$), what did the High Court rule regarding continuing detention orders (CDOs)?

CDOs are valid because the power is appropriately tailored to protect the community and is not purely punitive

What did the High Court decide in Alexander v Minister for Home Affairs ($2022$) regarding Section $36B$ of the Citizenship Act?

Section $36B$ was invalid because the power to determine facts that enliven the power to punish is judicial and only exercisable by the judiciary

In Jones v Commonwealth ($2023$), why was the revocation of citizenship held to be valid?

It was viewed as a consideration for the integrity of the naturalisation process rather than punishment

Under Article $2$, Section $4$ of the US Constitution, what are the three grounds for impeachment?

Treason, bribery, or other high crimes and misdemeanours

How many amendments have been made to the US Constitution since its inception?

$27$ amendments

In the US impeachment process, what is required for an official to be impeached in the House?

A simple majority vote

What are the 'Reserve Powers' of the Governor-General?

Powers that the GG can exercise without the advice of the Federal Executive Council (FEC)

Which English political philosopher proposed the theory of 'Trustee representation'?

Edmund Burke

What is the quota of valid votes required for a candidate to win a seat in a half-senate election?

$14.3125\%$ (approximated as $14.3\%$ in notes)

In the $2022$ election, which independent candidate won the 'blue ribbon seat' of Curtin with a $15\%$ swing?

Kate Chaney

According to the notes, what is the 'Mirror representation' theory and which chamber does it apply to?

The idea that Parliament should reflect the diverse views of society; it applies only to the Senate

What is a 'Gag' in parliamentary practice?

A motion to end debate on a bill immediately

What is 'Guillotining' in legislative practice?

Setting a fixed time limit for the debate of a bill

Under the convention of 'Collective ministerial responsibility', what happens if a Vote of No Confidence (VoNC) is successful?

The government must resign or trigger an election

What is the aim of 'Cabinet Secrecy'?

To protect minutes and cabinet debate, with records sealed for $20$ years

What is an example of 'Questions on Notice' in Parliament?

Complicated questions requiring advice from a department, answered later in writing

How long do ministers have to answer a Question on Notice in the House of Representatives?

$30$ days

What is a 'Dorothy Dixer'?

A friendly question asked of a minister by a government backbencher to allow them to boast about government achievements

What is the purpose of 'Parliamentary Privilege'?

To protect parliamentarians from legal consequences, such as defamation, for things said during debate

What is the 'Quorum' for the House of Representatives according to standing orders?

One-fifth of the total members, which is $30$ members

What is 'Pairing' in parliamentary convention?

An agreement where an opposition member abstains from voting to account for an absent government member, maintaining the balance of power

During the $1975$ Constitutional Crisis, on what date was the Whitlam government dismissed?

$11$ November $1975$

Who was appointed as 'caretaker PM' by Sir John Kerr after dismissing the Whitlam government?

Malcolm Fraser

According to the notes, which High Court case overturned the doctrine of 'Terra Nullius'?

Mabo v Queensland (No $2$) ($1992$)

What does the term 'Vertical Fiscal Imbalance' (VFI) describe?

A situation where the Commonwealth collects more revenue than it needs, while states spend more than they collect

What is the function of the Commonwealth Grants Commission?

To deliver horizontal fiscal equalisation by distributing GST revenue to the states

What institution replaced COAG in $2020$?

National Cabinet

Under the 'Division of Powers', what are concurrent powers?

Powers that belong to both the Commonwealth and the States, found in Section $51$

What was the significance of the Engineers Case ($1920$)?

The High Court rejected the idea that states had special constitutional protections from Commonwealth laws, increasing Commonwealth power

What did the High Court rule in the Tasmanian Dams Case ($1983$)?

The Commonwealth could stop a state project using the External Affairs power (Section $51(xxix)$) to uphold international treaty obligations

What is a 'Double Majority' as required by Section $128$ for a referendum?

A majority of voters nationwide and a majority of voters in a majority of states ($4$ out of $6$)

Which successful referendum resulted in the Commonwealth being allowed to make laws for Aboriginal people?

$1967$ Aboriginal Referendum

What was the outcome of the $2023$ Voice Referendum?

$39.94\%$ voted Yes; $60.06\%$ voted No

Under Section $51(xxxvii)$, what can states voluntarily transfer to the Commonwealth?

Residual or concurrent powers (Referral of Powers)

In 'Cole v Whitfield' ($1988$), how did the High Court redefine Section $92$?

It ruled that only 'discriminatory protectionist' laws interfere with free interstate trade

What is 'Locus Standi'?

The legal standing or requirement that a party must have a connection to a dispute to bring a case to court

Which organization played a major role in lobbying for the 'Secure Jobs, Better Pay Act $2022$'?

Australian Council of Trade Unions (ACTU)

According to the notes, what is 'Cooperative Federalism'?

A model where there is an even balance of power and substantial cooperation between governments

What was the trigger for the $2023$ decision 'NZYQ v Minister for Immigration'?

A refugee from Myanmar who was held in indefinite immigration detention because he could not be deported

What was the High Court's ruling in the 'NZYQ' case regarding indefinite detention?

Indefinite detention is invalid if there is no real prospect of removal, as it contravenes Chapter $3$ of the Constitution

How many men were immediately released following the 'NZYQ' judgment?

$149$ men

In 'BA v The King' ($2023$), what was the High Court determining?

Whether reaching a verdict of breaking and entering was valid for someone with a right to possession under a lease

What was the High Court's 'test for causation' established in 'Royall v the Queen' ($1991$)?

Whether the accused’s actions were a 'substantial cause' of death

Which section of the Constitution grants federal judges 'Fixed remuneration' to ensure judicial independence?

Section $72(iii)$

What was the 'Braddon Blot' (Section $87$) designed to do for $10$ years?

Guarantee that the Commonwealth pay States $75\%$ of revenue collected from customs and excises

What is the 'Nexus Clause' found in Section $24$?

The requirement that the number of members of the House of Representatives be approximately twice the number of Senators

According to the notes, what is 'Coercive Federalism'?

A system where a strong central government dictates policy to regional governments using legislative or financial power

What is the 'Social Contract Theory' regarding political mandates?

The concept that elections create a contract where people delegate sovereignty to governors to enact promised policies

What are the two types of promises and mandates discussed in the notes?

Specific mandates (pledged at election) and General mandates (worldview or policies devised after election)

What issue was the 'Climate $200$' pressure group focused on during the $2022$ federal election?

Science-based response to climate crisis, restoration of integrity, and safety for women

In 'Love and Thoms', what new legal category was created regarding Aboriginal non-citizens?

Non-citizen non-alien

What power was used by the Commonwealth to establish the Snowy River Scheme, despite lacking explicit authority?

The defense power (Section $51(vi)$)

Under Section $116$, what is the Commonwealth Parliament prohibited from doing?

Establishing an official religion or prohibiting the free exercise of any religion

According to Section $72$, who officially appoints federal judges?

The Governor-General in Council

What happens when the High Court is asked to exercise 'Special Leave' under Section $73$?

It reviews appeal applications to decide if it will hear the case based on legal significance or miscarriage of justice

Which case study represents a 'Right to Oppose' mandate?

The Opposition focusing on scrutinizing government via Question Time and committees after losing an election

Who holds a 'Balance of Power' mandate in a hung parliament?

Independent crossbenchers and minor parties

What is 'Horizontal Fiscal Equalisation' (HFE)?

Distributing revenue to ensure similar standards of public services across all states

Which section of the US Constitution outlines the composition of the Senate?

Article $1$, Section $3$

According to the notes, what is the role of the shadow ministry?

To watch, analyse, and scrutinise a specific government portfolio and act as a viable alternative government

What was the outcome of the 'Australian Communist Party v Commonwealth' ($1951$) case?

The High Court held that the validity of an Act cannot be determined by Parliament, only by judicial review

Which Section $51$ subsection covers corporations power?

Section $51(xx)$

Under Section $28$, who has the convention-based advice power to dissolve the House of Representatives early?

The Prime Minister

According to the 'Mabo' case study, what tribunal was created as a response by the Keating government?

The Native Title Tribunal

What are the three categories of jurisdiction a court's authority may depend upon?

Geographical authority, area of law, and rank in the hierarchy