law, governance, and change (IA1)

what is the constitution

a document consisting of laws that govern Australia, made in 1901 during the Federation. it is based on the magna carta

what does s51 of the constitution entail and topics it covers

gives parliament some legislative power. it covers topics such as the census, currency, immigration, and more

what does s109 of the constitution entail

addresses inconsistency of laws against the Commonwealth, where the Cth always overrides and the states will be considered invalid

what does s128 of the constitution entail

states that any changes to the Constitution must be approved through a Referendum, such as the 1967 Referendum.

a referendum must have a majority of people AND state

what are the three division of powers

• exclusive

• concurrent

• residual

exclusive power and 3 topic examples

powers solely vested in the federal (national) government; powers that cannot be exercised by state or territory governments

1) defence

2) immigration

3) medicare

concurrent power and 3 topic examples

powers that are shared between the federal (national) government and the state or territory governments. Both levels of government can legislate on these matters

1) prison

2) education

3) taxation

residual power and 3 topic examples

powers that are not explicitly listed in the Australian Constitution and therefore remain with the state and territory governments. These are powers that were not transferred to the federal government at the time of federation

1) health (ie hospitals)

2) transport

3) rubbish collection

role of the high court of Australia

• Interpreting and applying the law of Australia.

• Deciding cases of special federal significance, including constitutional challenges.

• Hearing appeals from federal, state, and territory courts.

The High Court ensures that laws and government actions comply with the Australian Constitution and sets important legal precedents that shape Australian law.

significance of mabo v queensland in legal change

The Mabo v Queensland (No. 2) 1992 case was a landmark decision by the High Court of Australia that recognized the existence of native title and rejected the doctrine of terra nullius. This decision acknowledged Indigenous Australians' traditional rights to their land and led to the enactment of the Native Title Act 1993. The case had significant legal and social implications, establishing a framework for Indigenous land claims and promoting broader recognition of Indigenous rights in Australia.

significance of commonwealth v tasmiania (TasDam case) 1983 in legal change

The case centered on the federal government's use of its constitutional powers to stop the construction of the Franklin Dam in Tasmania. The High Court ruled that the federal government could use its external affairs power under Section 51 of the Constitution to fulfill Australia's international obligations under the World Heritage Convention. This decision expanded the scope of the external affairs power and demonstrated the federal government's ability to intervene in state matters for the sake of international agreements, influencing the balance of power between the federal and state governments in Australia.

separation of powers

the foundational principle that divides government responsibilities into three branches: legislative (makes laws), executive (implements and enforces laws), and judicial (interprets and applies laws). This division ensures that no single branch becomes too powerful and establishes a system of checks and balances, promoting accountability and transparency in governance.

how does the separation of powers influence the importance of an independent judicial system

it prevents any single branch from gaining undue influence over the others. this independence allows the judiciary to make impartial decisions based on the law and Constitution, free from political pressure or interference. an independent judicial system upholds the rule of law, protects individual rights, and acts as a check on the other branches, ensuring a balanced and fair governance system.

executive power

administers government policies, manages public services, and ensures that laws are carried out effectively. It is headed by the Prime Minister, Cabinet ministers, and supported by the public service.

judicial power

including the High Court of Australia and other federal and state courts, resolves legal disputes, ensures laws comply with the Constitution, and protects individual rights. it acts as a check on the legislative and executive branches to uphold the rule of law.

legislative power

consisting of the Federal Parliament (House of Representatives and Senate) in Australia, proposes, debates, and enacts legislation. it also scrutinizes the actions of the executive branch and represents the electorate.

what is the 1967 Referendum and its significance

The 1967 Referendum in Australia was a significant vote where Australians agreed to amend the Constitution to include Aboriginal and Torres Strait Islander peoples in the national census and allow the federal government to make laws for them. This marked a crucial step towards recognizing and addressing the rights and inequalities faced by Indigenous Australians, promoting greater social justice and equality.

representative government

the principle that the people elect representatives to make decisions and govern on their behalf

what are the two houses within representative government

house of representatives (lower house) and the senate (upper house)

importance of representative government

it ensures that the government is accountable, and protects democratic participation by allowing voters to elect representatives to make law/policies

responsible government

system where the government (Executive) is accountable to the Parliament

importance of responsible government

it ensures transparency and accountability - prevents taking action without oversight, and protects democratic integrity by requiring government to justify its actions to the Parliament and public

significance of wik peoples v Qld 1996 in legal change

The court ruled that pastoral leases did not necessarily extinguish native title rights, meaning that native title and pastoral lease rights could coexist. However, in cases of conflict, the rights under the pastoral lease would prevail. This decision led to widespread debate and prompted the federal government to introduce the Native Title Amendment Act 1998, which aimed to clarify and regulate native title claims. This highlighted the need for legislative reform to address the complexities of land rights and native title.

rule of law

rule of law ensures that all individuals and institutions, including the government, are subject to and accountable under the law, which is applied fairly, consistently, and impartially.

role of the governor-general

queens representative in Australia at the federal level, appointed by the monarch to give Royal Assent to parliament passed legislation

house of representatives - members and its role

151 members named MP, it is one of the two houses of the Federal Parliament of Australia; its primary role is to represent the people, make and pass laws, and scrutinize the government's actions.

the senate - members and its role

76 members named senators, it represents the states and territories as each state elects 12senators and teach territory elects 2 senators, where they review, debate, and amend unpassed legislation from the HoR

unicameral parliament

A unicameral parliament is a legislative body with a single chamber or house. Unlike a bicameral system, which has two separate chambers, a unicameral system consolidates all legislative responsibilities within one body.

implications of a unicameral parliament

positives:

• can simplify the legislative process

• reduce potential conflicts between different chambers

• more time and cost effective

implications:

• lacks checks and balances

• less moderation of legislation than a bicameral

• fewer minority representation due to centralisation of power

role of the family court and handled cases

to resolve family law disputes in a fair, just, and timely manner, focusing on minimising harm to children and other vulnerable parties. handles:

• divorce

• parenting and financial disputes

• child support

• dispute resolution

• enforcement

role of the children’s court and handled cases

to provide a modern, professional, accessible and responsive specialist court system focused on children’s welfare. handles:

• criminal matters

• child protection

• adoption

• dispute resolution

• support services

role of the murri court and handled cases

focuses on diversionary and culturally appropriate sentencing, functioning under state law but with a unique focus on addressing the over representation of indigenous in the media. handles cases that involve Aboriginal and Torres Strait Islander peoples, including criminal matters and community-based alternatives to imprisonment.