Australian Legal Studies – Remedies, Parliament & Constitution

100 vocabulary flashcards covering remedies, injunctions, damages, Australian federation, parliamentary structures, constitutional sections, and factors influencing law-making.

Wrongs Act 1958 (Vic)

Legislation that caps non-economic damages for personal injury in Victoria.

Defamation Damages Cap

Non-economic loss in defamation actions is limited to $250,000 by statute.

Federation of Australia

The union of six colonies into the Commonwealth of Australia on 1 January 1901.

Commonwealth Constitution

Australia’s supreme law establishing federal structures and distributing law-making powers.

Commencement Date – Constitution

The Australian Constitution came into force on 1 January 1901.

Division of Powers

Allocation of legislative authority between Commonwealth and state parliaments.

Exclusive Powers

Areas where only the Commonwealth Parliament can legislate.

Currency Power

Exclusive Commonwealth power over coinage and legal tender.

Defence Power

Exclusive Commonwealth control of naval and military defence.

Section 52

Constitutional section expressly declaring certain matters exclusively federal.

Concurrent Powers

Powers shared by Commonwealth and state parliaments, e.g., taxation.

Taxation Power

Concurrent authority allowing both levels to levy taxes such as GST or stamp duty.

Marriage Power

Concurrent power enabling both parliaments to legislate on marriage and divorce.

Section 109

Constitutional rule: when state and Commonwealth laws conflict, federal law prevails and inconsistent state provisions are invalid.

Residual Powers

Law-making areas left with the states after federation and not in the Constitution.

Criminal Law Power

A principal residual power enabling states to legislate on crimes and policing.

Education Power

Residual state authority over schooling and universities.

Section 106

‘Saving of Constitution’ clause preserving each state’s constitution after federation.

Section 107

‘Saving of Power’ clause retaining state legislative powers unless exclusively vested in the Commonwealth.

High Court of Australia

The apex court established by s71 to interpret and enforce the Constitution.

Section 71

Creates the High Court and vests federal judicial power within it.

Section 75

Gives the High Court original jurisdiction in specified matters, including disputes with the Commonwealth.

Section 76

Allows Parliament to confer additional constitutional jurisdiction on the High Court.

Guardian of the Constitution

High Court role protecting constitutional integrity and federal balance.

Adjudicating Disputes

High Court function of settling legal conflicts between governments or individuals under constitutional law.

Intra Vires

A law made within a parliament’s constitutional power and therefore valid.

Ultra Vires

A law made beyond constitutional power and therefore invalid.

Brislan Case (1935)

High Court decision that wireless radios fell under ‘other like services,’ expanding Commonwealth power.

Wireless Telegraphy Act 1905

Federal law requiring radio licences, challenged in the Brislan Case.

‘Other Like Services’

Constitutional phrase broadly interpreted to cover new communication technologies.

Impact of Brislan

Shifted communication regulation to the Commonwealth, increasing federal authority.

Bicameral Structure

Parliament composed of two houses, providing review and checks on legislation.

Hostile Upper House

Senate or council controlled by opposition parties that may block government bills.

Rubber-Stamp Upper House

Upper chamber dominated by the government, passing bills with minimal scrutiny.

Minority Government

Government formed without a lower-house majority, reliant on crossbench support.

Majority Government

Party or coalition holding more than half the lower-house seats and forming government.

Sitting Days

Number of days each house meets annually, influencing legislative output.

International Pressures

External demands influencing parliament to act on global issues such as terrorism or climate change.

Treaties

Formal international agreements binding the Commonwealth under international law and influencing domestic statutes.

United Nations Influence

UN bodies can pressure Australia to reform laws to meet human-rights obligations.

Non-Government Organisations

Groups like Amnesty International lobbying for legislative change on global concerns.

Age of Criminal Responsibility Debate

International pressure on Australia to raise the minimum age at which children can be prosecuted.

Representative Government

System where elected members reflect the views and values of the majority.

Diversity in Parliament

Extent to which gender, culture and ethnicity of MPs match the community.

Political Hot Potato

Controversial issue parliament may avoid due to divided public opinion.

Petitions

Formal written requests urging parliament to act on a particular issue.

Demonstrations

Public gatherings or protests used to influence legislative agendas.

Regular Elections

Scheduled voting (every 3 years federal, 4 years state) ensuring accountability.

Compulsory Voting

Legal requirement for eligible Australians to vote, aiming for broad representation.

Responsible Government Principle

Executive must maintain the confidence of the lower house and is answerable to parliament.

The Crown

Monarch represented federally by the Governor-General and in states by Governors.

Governor-General

Crown representative at federal level, currently David Hurley (to June 2024).

Royal Assent

Formal approval by the Crown turning a passed bill into law.

Federal Executive Council

Body of ministers advising the Governor-General, effectively the Cabinet.

Senate

Upper house of federal parliament with 76 members, equal state representation.

House of Representatives

Lower federal house with 151 members elected from single-member electorates.

States’ House

Nickname for the Senate emphasising equal state representation.

House of Review

Senate’s role in scrutinising and amending legislation from the lower house.

Electorate

Geographic voting division represented by one member in the lower house.

Hung Parliament

Situation where no party wins an outright lower-house majority.

Controlling Government Spending

Lower house power to pass appropriation bills authorising taxation and expenditure.

Scrutinising Government

Parliamentary role of questioning ministers, debating policy and reviewing legislation.

Legislative Council (Vic)

Victorian upper house with 40 members elected from eight regions.

Legislative Assembly (Vic)

Victorian lower house with 88 members representing individual districts.

Governor of Victoria

Crown representative in Victoria, currently Margaret Gardner.

Section 1 (Constitution)

Vests Commonwealth legislative power in the Queen, Senate and House of Representatives.

Section 7

Requires that senators be directly chosen by the people, ensuring representative government.

Section 24

Mandates that members of the House of Representatives be directly chosen by the people.

Representative Principle Check

Constitutional guarantee that both houses are elected, limiting parliamentary abuse.

Postal, Telegraphic & Telephonic Power

s51(v) power over communications, expanded to cover modern technologies.

Independence of States

Constitution preserves state constitutions and powers except where expressly limited.

‘Save Constitution’ Clause

Section 106 safeguarding existing state constitutions post-federation.

‘Save Powers’ Clause

Section 107 retaining state legislative powers unless made exclusive to the Commonwealth.

Pardons Power

Crown authority to remit penalties or grant clemency for federal offences.

Dissolution of Parliament

Governor-General or Governor action ending a parliamentary term and triggering an election.

Proclamation in Gazette

Official publication announcing royal assent and commencement dates of Acts.

Equal State Representation

Each state elects 12 senators regardless of population size.

Six-Year Senate Term

Senators serve six years, with half elected every three years.

Forty-Member Legislative Council

Structure ensuring equal regional representation across Victoria.

151-Member House of Reps

Federal lower house membership reflecting population-based electorates.

88-Member Legislative Assembly

Victorian lower house seats, each representing roughly equal population districts.