unit 4 ao1

Constitution

Constitution

A set of Rules establishes the nature functions and limits of the government

the house of representatives

The lower house of the Commonwealth Parliament

the senate

The upper house of the Commonwealth Parliament

coalition

An alliance of two or more political parties that join to form government

the rule of law

principle that the law applies to everyone, even those who govern

system of government

Australia is a constitutional monarchy and also a representative democracy

The role of the House of Representatives in lawmaking

-Initiate and make laws -determine the government -provide responsible government

• represent the people -publicising scrutinised government administration -act as a house review -control government expenditure

The House of Representatives has how many members?

There are 151 members

The Senate has how many members?

The Senate consists of 76 elected members each state elects 12 representatives regardless of the population and two representatives from territories

Throw of the Senate in lawmaking

-Act as a House of review -act as a states house -scrutinise bills through the committee process -initiating pass bills

Who is the Governor General

The Governor General is also the kings representative known as David Hurley.

Who is the governor of Victoria

Internet is the King's representative is Linda dessau

Legislative Assembly members

There are 88 members

Dual legislative assemblies position

Lower house

The role of the legislative assembly in lawmaking

-Initiate and pass bills -from government -provide representative government -actors as a house of review -control government expenditure

The legislative council

The Victorian parliament's upper house consists of 40 members

The role of the legislative council in lawmaking

-Act as a House of review -examine bills through its committees -initiating pass bills

The role of the crown in lawmaking

Granting or denying royal assent -appointing the executive council

Granting royal assent

The form of signing and approving of a bill by the Governor General or the governor

Appointing the executive council

The executive council comprises the leaders of the government the Prime Minister at federal level and the premiers at state level to give advice in government matters as well as approved secondary legislation also known as delegated listed legislation

Secondary legislation

Secondary legislation is rules and regulations made by government bodies or statutory authorities

The division of lawmaking powers

Residual powers exclusive powers concurrent powers

Residual powers

Residual powers are lawmaking powers left with the States and are not listed in the Australian constitution

Concurrent powers

law making powers that are shared by the Commonwealth and the state parliament

Exclusive powers

Lawmaking powers that are held only by the Commonwealth parliament

Examples of exclusive powers

Defence, currency, Customs and Border protection

Examples of concurrent power

Trades, taxation, marriage and divorce, postal services

Examples of residual powers

Education, roads, public transport, criminal laws

What is the section in the constitution stating residual powers

Sections 106,107 and 108

What is the section in the constitution stating exclusive powers?

Section 90, section 114, section 115

What is the section in the constitution stating is concurrent powers colour?

Section 51

What is section 109 of the Australian constitution?

Under section 109 if there is a conflict between the state and the Commonwealth laws the commonwealth law will prevail to the extent of the inconsistency between two pieces of legislation

What case study li

s to section 109 of the constitution?

mcBain versus Vic 2000

What is the significance of section 109?

The state parliament will in passing laws in areas of concurrent powers recognised that its powers are constrained where Commonwealth law already exists

How does section 109 work?

The world needs to be challenged first before it is declared to be invalid it must be determined in court if the two laws are inconsistent

What are the checks on parliament in lawmaking?

-Bicameral structure to the Commonwealth parliament, -separation of the legislative executive and judicial powers, -express protection of rights, -double majority in a referendum -the high court

What is a check on parliament?

A check from parliament involves a process or structure that is designed to reduce the potential for the abuse of power

Supreme lawmaking body

The parliament

What sections of the Australian constitution require a bicameral structure?

Section 7, 24, 28, one

How is the bicameral structure of the Commonwealth parliament a checking process?

Is Murs bills are introduced in the lower house the Senate is designed to operate as a hassle review. This means the sentence role is to review bills in theory vote according to the wishes of the political party and in the interests of their state this allows a broad range of use to be considered before bill can pass

Rubber stamp

The upper House of parliament automatically approves decisions made in the lower house because the government holds a majority of seats in both

Section 7

The Senate to be comprised of an equal number of elected members from each state which are directly chosen by the people for a term of six years

Section 24

The House of Representatives to be composed of members directly chosen by the people

Section 28

The House of Representatives shall continue for three years but may be dissolved sooner by the Governor General

The separation of powers

Executive, Legislative, Judicial

Executive powers

The power to administer the law and managed to get the business of government vested in the Governor General under chapter two in practise the executive power is carried out by the Prime Minister

Legislative powers

Legislative power is the power to make laws this power resides with the parliament and the states under chapter one of the Australian constitution

The cabinet

Is a lawmaking body that combines legislative power an executive power

Judicial powers

Judicial power is given to the courts and tribunals to enforce the law and settle disputes this is stated under chapter three of the Australian constitution and is vested in the High Court and other federal courts

Reasons for separation of powers

The principle of separations of powers prevents power from being concentrated in one set of hands and helps to protect individual rights by providing cheques and balances on the power of the parliament

Express rights

What's the stated in the Australian constitution they are entrenched in can only be changed by referendum

What are the express rights?

-freedom of religion, -free Interstate trade and commerce, -receive just terms when property is acquired, -trial by jury, -not be discriminated against on the basis of the state that you reside in.

The right to freedom of religion section of the constitution

section 116

What is the right to freedom of religion

Have this prevents the Commonwealth from making laws establishing religion imposing any form of religious ceremony or worship and prohibit see exercise of religion

Trade within the Commonwealth section of the constitution?

Section 92

Case study for freedom of religion right?

Williams versus Commonwealth 2012

trade within the commonwealth case study

Betfair Pty limited versus Western Australia 2008

What is trade within the Commonwealth right?

This is Interstate trading commerce must be free it provides freedom of movement between states

Acquisition of property on just terms section of the constitution?

Under section 51 XXI

What is the acquisition of property on just terms right?

This is that the Commonwealth must provide just terms when acquiring property and must pay fair and reasonable compensation for the property that is compulsory Lee acquired

Case study for acquisition of property on just terms?

JT international sa versus Commonwealth 2012

The right to a jury trial section of the constitution?

under section 80

What is the right to a jury trial?

This is the right to have a jury trial for indictable Commonwealth offences under the criminal law

Case study for jury trial right?

Alqudsi versus the queen 2016

Section of the constitution that states discrimination on the basis of the state residence?

Section 117

What is the right to not be discriminated on the basis of state residence?

This one is self explanatory

Case study for the right to not be discriminated on the basis of state residence?

Street versus Queensland Bar Association 1989

Section 71 of the Australian constitution

Search the High Court was established

Section 76 of the Australian constitution

The Commonwealth parliament the power to provide the High Court with jurisdiction to hear disputes arising under the constitution or involving its interpretation

What are the roles of the High Court

-it acts as a guardian of the constitution -it acts as a check on parliament -gives meaning to words

what is a ultra virus law

When the parliament has made laws outside his own power the law is declared ultra virus and therefore invalid

Case study for the role of the High Court interpreting the constitution?

victoria versus commonwealth 1926

How to change the constitution?

The constitution can be changed through a referendum process the process is set out in section 128 of the constitution

The steps for a referendum

-Step one is for the bill to pass in both houses of the Commonwealth parliament -a double majority referendum -step three the governor general must give royal assent

What is a double majority provision?

-that is a required to answer yes or no to the question -a majority of voters in the whole of australia must vote yes, -majority of voters in a majority of states (at least four out of six states and the territories are not counted under this provision)

how does the double majority in a referendum restrict power question mark

It operates to restrict power of the Commonwealth parliament in the wording of the constitution can only be changed with the agreement of voters according to the requirement

Case study for double majority in a referendum?

Australian Communist Party versus Commonwealth 1951

Section 7 and 24 of the constitution case study?

Roach versus electoral commissioner 2007

The significance of the Roach case?

This case upholds the fundamental requirement that members of the Commonwealth parliament must be directly chosen by the people

How many referendums have passed?

Eight out of 44 referendums

Shut the 1967 aboriginal and Torres Strait Islander peoples referendum

The two proposals were to alter the number of House of Representatives and to remove any ground for the belief that the institution discriminates against the people of aboriginal race

Play aboriginal and Torres Strait Islander referendum numbers

90.77% of voters were in favour and only 9.23% against

The meaning of the 1967 constitution

The outcome highlighted the power of the people decide where the key changes in the wording of the constitution are to be made especially those that relate to social and human rights

The 1999 referendum on the Republic

The question was to establish a Republic bill 1999 aimed at making Australia Republic rather than part of the English monarchy

Have 1999 referendum numbers

Rejected by 54.87% of voters and supported by only 45.13%

The 1999 ability to show people that can protect the constitution

Shows the importance of the requirement that the people support a change which would have amended fundamental elements of our legal system

The High Court in the division of lawmaking powers

Under section 75 of the Australian constitution allows the High Court to hear cases involving disputes between the Commonwealth and or states

Case study for the High Court in the division of lawmaking powers?

NSW versus Commonwealth 2006 AKA the work choices case

The significance of the word choices case

The power allows the Commonwealth to make law with regard to industrial matters between employers and employees which greatly shifted the balance of power away from the states

External affairs power section in the constitution?

Section 51 XXIX

What is external affairs powers?

Is the power to create laws in relation to external affairs such as international agreements that Australia has entered into regardless a wedi law may lay such as residual or concurrent powers

The section of the constitution that states that the powder enter into treaties is considered an executive power?

Under section 61

What is an international treaty?

Is a binding agreement between countries and is governed by international law

Ratification?

Is the confirmation by a nations parliament of its approval of an international treaty the parliament expressly passes legi....e various rights and responsibilities

What is an international declaration?

A non binding agreement between countries that sets out certain aspiration's of the parties to the agreement

Case study for external affairs powers?

Commonwealth versus Tasmania 1983 AKA the Tasmanian dam case

What is the significance of the Australian Tasmanian damn place

Through the high court's interpretation that Commonwealth parliament was able to move into the lawmaking area previously left with the states this increased lawmaking power of the Commonwealth parliament

Limitations on external affair powers

The Commonwealth cannot extend beyond the treaty and does not have free reign over constitutional rights

Bona fide agreement

The High Court has held that the treaty or other international agreement must be bona fide that is a genuine agreement