Australian Law-making and Constitutional Framework

Comprehensive vocabulary flashcards covering the roles of parliament, division of powers, constitutional checks, and the relationship between courts and parliament.

House of Representatives

The lower house of the Commonwealth Parliament, comprised of 151 members representing electorates; roles include initiating legislation, money bills, representing people, and scrutinising legislation.

Senate

The upper house of the Commonwealth Parliament, comprised of 76 senators representing states and territories; roles include scrutinising legislation, acting as a states house, and initiating legislation.

Governor-General

The representative of the monarch at the Commonwealth level; roles include granting royal assent, withholding royal assent, suggesting amendments, and summoning the executive council.

Legislative Assembly

The lower house of the Victorian Parliament, comprised of 88 members representing electoral districts; roles include initiating new legislation and financial spending, representing people, and scrutinising legislation.

Legislative Council

The upper house of the Victorian Parliament, comprised of 40 members representing 8 regions; roles include scrutinising legislation and initiating legislation.

Governor

The representative of the monarch in each of the six states of Australia; roles include granting royal assent, acting as head of state, and chairing the executive council.

Exclusive Powers

Law-making powers granted only to the Commonwealth parliament by Section 51 and 52 of the Constitution, such as currency, foreign affairs, Medicare, and citizenship.

Concurrent Powers

Law-making powers granted to both Commonwealth and state parliaments, such as taxation, banking, and railway construction.

Residual Powers

Law-making powers granted to the state parliaments but not the Commonwealth parliament, such as education, police, and prisons.

Section 109

A constitutional provision stating that when a state law is inconsistent with a Commonwealth law, the latter shall prevail and the former shall be invalid to the extent of the inconsistency.

Bicameral structure

A system with two houses or chambers (such as the House of Representatives and the Senate) that approves new bills or amendments.

Representative nature of Parliament

A system where laws and processes governing people's lives are created by elected representatives to reflect the community's views and values.

Representative government

A system in which members of parliament are elected by the people of a community or nation to best represent the needs and views of those people.

Legislative Power

The power vested in parliament to make laws, governed by Section 1 of the Australian Constitution and exercised by the House of Representatives and Senate.

Executive Power

The power vested in the King and exercised by the Governor-General under Section 61 to maintain and administer the law; in practice, exercised by the prime minister and senior ministers.

Judicial Power

The power vested in courts and tribunals under Section 71 to enforce laws and resolve legal matters.

Express protection of rights

Five human rights explicitly stated in the Constitution: the right to interstate trade and commerce, freedom of religion, non-discrimination by state of residence, trial by jury, and acquisition of property.

Statutory Interpretation

The process whereby courts give meaning to the words in legislation when applying that legislation in a specific case.

Doctrine of Precedent

A rule in which judges must follow the reasons for decisions given by superior courts in the same court hierarchy when deciding cases with similar facts.

Binding Precedent

Legal reasoning of a higher court that must be followed by all lower courts in the same hierarchy when material facts are similar.

Persuasive Precedent

Legal reasoning that can act as a guide for judges even though they are not legally bound to follow it.

Reversing Precedent

An act whereby a superior court changes a precedent set by a lower court in the same case on appeal.

Overruling Precedent

An act whereby a superior court changes a previous decision made by a lower court when ruling on a different case.

Distinguishing Precedent

An act whereby a lower court avoids applying a precedent by demonstrating that the case before it has different material facts.

Disapproving Precedent

An act where a lower court expresses disapproval of a higher court's precedent in its written judgement, though it remains bound to follow it.

Judicial conservatism

A judicial approach where a judge is reluctant to develop new law, believing that task belongs to the elected parliament.

Judicial Activism

A judicial approach where a judge considers social and political factors when interpreting the law and deciding cases.

Standing

The requirement that an individual or group must be affected by, or have a special interest in, the issues involved to bring a case to court.

Supremacy of Parliament

The legal concept that parliament is the supreme law-making body with freedom to make, amend, or abolish laws subject to the Constitution.

Codification

The process of parliament confirming a common law precedent by enacting it into legislation.

Abrogation

The process of parliament overruling common law by creating a statute contrary to a court's decision.