Australian Parliament and Law-Making Lecture

Australian Constitution

The foundational set of rules that establishes the structure, powers and limits of Australia’s system of government.

Commonwealth of Australia Constitution Act 1900 (UK)

British Act that legally created the Australian Constitution and the Commonwealth of Australia.

Constitutional Monarchy

System in which the King or Queen is head of state but exercises power according to a constitution.

Crown

Collective term for the monarchy; represented federally by the Governor-General and in each state by a Governor.

Governor-General

The King’s representative at the Commonwealth level who grants royal assent, appoints the Executive Council and performs ceremonial duties.

Governor (State)

The King’s representative in an Australian state, e.g., the Governor of Victoria.

Commonwealth Parliament

The national legislature of Australia, comprising the House of Representatives and the Senate.

Bicameral Parliament

A legislature with two separate chambers or houses.

House of Representatives

Lower house of the Commonwealth Parliament with 151 members elected for three-year terms; initiates most bills and forms government.

Senate

Upper house of the Commonwealth Parliament with 76 senators; acts as a house of review and a states’ house.

Royal Assent

Formal approval by the King’s representative that is required before a bill becomes law.

Executive Council

Body of the Governor-General (or Governor) and senior ministers that formally approves delegated legislation.

Separation of Powers

Constitutional division of legislative, executive and judicial functions to prevent concentration of power.

Legislative Power

The authority to make laws, vested in Parliament.

Executive Power

The authority to administer and enforce laws, exercised by the Governor-General on advice of the Prime Minister and Cabinet.

Judicial Power

The authority to interpret laws and resolve disputes, exercised by courts and tribunals.

Parliament

Elected body that makes statute law; includes all members of both houses and the Crown’s representative.

Government

The political party or coalition with majority support in the lower house; administers the state.

Representative Government

Principle that Parliament must be directly chosen by the people and reflect their views (ss.7 & 24).

Federalism

System in which powers are divided between a national government and state governments.

Referendum

Nationwide vote required to alter the text of the Constitution under s.128.

Exclusive Powers

Law-making areas that only the Commonwealth may legislate on, e.g., defence, currency, customs.

Concurrent Powers

Law-making areas shared by the Commonwealth and states; conflicts are resolved by s.109.

Residual Powers

Law-making powers left with the states because they are not listed in the Constitution (e.g., education, transport).

Section 109

Constitutional clause that states Commonwealth law prevails over inconsistent state law to the extent of the inconsistency.

McBain Case

2000 Federal Court decision where Victorian IVF restrictions were struck down due to conflict with the Sex Discrimination Act under s.109.

External Affairs Power

s.51(xxix) power allowing the Commonwealth to legislate to fulfil international treaty obligations.

Tasmanian Dam Case

Commonwealth v Tasmania (1983) where the High Court upheld federal power to stop the Franklin Dam using the external affairs power.

High Court of Australia

The highest court; interprets the Constitution, hears appeals, and can invalidate unconstitutional laws.

Judicial Review

Court process of examining the validity of legislative or executive actions against the Constitution.

Statutory Interpretation

Judicial process of determining the meaning of words or sections in legislation before applying them to a case.

Doctrine of Precedent

Common-law rule that lower courts must follow legal principles (ratio decidendi) of higher courts in similar cases.

Stare Decisis

Latin for “let the decision stand”; underpins the binding nature of precedent.

Ratio Decidendi

The legal reason for a court’s decision that forms the binding precedent.

Obiter Dictum

Comments made by a judge that are persuasive but not binding precedent.

RODD Methods