Constitutions Sections

Constitution

Constitution

A set of fundamental laws or conventions which create & define the institutions of power within a nation. It may be in the form of a written document, but also be a set of conventions.

Constitutionalism

The idea that power should be limited, power is limited cause it is defined.

S7

Creates the Senate & makes it a states’ house.

Equal state representation. To be ‘‘directly chosen by the people’’

S24

Creates the HOR & makes it a people’s house.

Representation of states based on population. To be ‘‘directly chosen by the people’’

The nexus clause -the HOR must be twice the size of the senate (as near as practicable)

S28

3-year limit on the life of a Parliament.

The GG power to dissolve parliament for an election. This power is used on the PM advice or as a reserve power.

S51

Powers of the Parliament.

Allocates powers to the CW Parliament.

It does not make these powers ‘exclusive’ - so many are ‘concurrent’ unless exclusive by nature.

S51 (ii)

‘tax powers’

A concurrent financial power

S51 (xx)

‘corporations power’

Power to regulate incorporated bodies like companies

S51 (xxix)

‘external affairs power;’

Power to make laws based on international agreements like treaties or UN Conventions & covenants

S51 (xxxvii)

‘referral of powers’

Any state can voluntarily transfer a residual power to the CW. It only affects the referring State.

S52

Exclusive power of the Parliament over the seat of national govt & federal public service.

Exclusive power over the ACT & the Australian Public Service

S53

Prohibits Senate from origination or amending money bills.

A limitation to the Senates legislative power.

S57

The double dissolution power.

The conditions & procedures for resolving legislative deadlocks between the two Houses.

S61

Creates the executive.

Vests executive powers in the King, making it exercisable by the GG.

S62

Creates the Federal Executive Council.

The FEC is chaired by the GG. Ministers are members.

S63

GG in council.

Defines the FEC

S64

GG to appointment & dismiss ministers.

A ‘formal power’ of the GG used on advice. Also a ‘reserve’ power of the GG.

S68

GG is the commander in Chief of the armed forces.

A ‘fictional’ power - this is never used.

S71

Creates the HC & gives parliament power to create a federal judiciary.

Vest the judicial power of the CW in the HC & other courts created by Parliament.

S72

Establishes the independence of the judiciary.

Appointment, removal & tenure of judges.

Protects judicial independence.

S73

Appellate jurisdiction of the HC.

Makes the HC the final court of appeal for all types of cases in Australia.

S75

Original jurisdiction of the HC.

Cases that must start in the HC - e.g. disputes concerning treaties, cases in which the CW is partly, inter govt cases.

S76

Additional original jurisdiction of the HC.

The parliament can add additional original jurisdictions to the HC through legislation.

S87

CW to grant 75% of revenue from ‘excise & customs duties’ to the States for the first 10 years after federation.

The ‘‘Braddon Blot.’’ A spent section that is no longer active.

S90

S92

S96

S107

S109

S128