Year 10 HASS - Politics & Law Revision

What is Federalism?

Power divided between different levels of government

In Australia, power is shared between?

Federal Government and State Governments

Why have Federalism?

Allows national unity and local control

Define Federalism

Power is divided between state and federal governments under a constitution

What does Section 109 say?

If there's conflict, federal law prevails over state

How can the Constitution be changed?

By referendum (Section 128)

What is required for a referendum to pass?

Majority of voters nationwide and majority of states (4/6)

What section allows the Constitution to be altered?

Section 128

When was a famous referendum passed?

1967

What is the role of the High Court in Federalism?

Interprets Constitution, often expands federal power

What does Section 96 allow?

Federal Parliament to give tied grants to states

What are tied grants?

Federal funds to states with conditions attached

What section gives CW power over territories?

Section 122

What does Section 116 do?

Protects freedom of religion

What does Section 90 do?

Federal government has exclusive power over customs and excise

What does Section 106–108 cover?

Protect state constitutions and powers (except where overridden by federal law)

What is Section 109 used for?

Resolves conflicts between federal and state laws in favour of federal law

How does Section 96 relate to federalism?

Allows federal influence over states via tied grants

What are exclusive powers?

Powers only the federal government can exercise

Examples of exclusive powers?

Defence, customs, currency

What are residual powers?

Powers left to the states

What are concurrent powers?

Powers shared by federal and state governments

Example of concurrent power?

Taxation

What is the Division of Powers?

How legislative power is divided: Exclusive, Concurrent, Residual

What does Section 51 do?

Lists most of the federal parliament's powers

What is the significance of Section 51?

Allows federal parliament to make laws on specific topics (e.g., defence, tax)

What does the acronym CW stand for?

Commonwealth

What is the relationship between the Constitution and Federalism?

The Constitution structures how federalism works through division of powers and court interpretation

What is Tied Federalism?

States become dependent on federal funding with conditions

What was Federation?

The joining together of Australian colonies to form the Commonwealth

What year did Federation happen?

1901

What is the purpose of the Constitution?

Sets out how Australia is governed

What are the Constitution’s chapters?

Ch 1: Parliament, Ch 2: Executive, Ch 3: Judiciary, Ch 4–8: Other matters

What are the three levels of government in Australia?

Federal, State, Local

What is Separation of Powers?

Dividing power between the legislative, executive, and judiciary branches

Which Chapters cover Separation of Powers?

Chapters 1, 2, and 3 of the Constitution

How has Australian Federalism shifted over time?

From cooperative to coercive, especially through federal financial control

How does the Constitution protect state powers?

Through Sections 106–108, residual powers, and limited federal encroachment

What are some key sections related to Federalism?

Sec 51, 96, 109, 128