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Which section of the Australian Constitution outlines the legislative powers of the Federal Parliament.
s51
Which section of the Australian constitution covers the process to alter (or change) the Australian Constitution?
s128
Which section of the constitution deals with any 'inconsistency of laws' between the Commonwealth and the States?
Section 109.
What document sets out the basic rules by which Australia is governed?
The Australian Constitution
What powers are given to the Federal Government?
Exclusive Powers
Name what each of the four paragraphs in the Part B response should cover. You must present them in the correct order.
Para 1: Nature and Scope
Para 2: Viewpoints (x 2)
Para 3: Legal Alternatives (x2)
Para 4: Recommendation and evaluation.
How many paragraphs should Part B have in the IA1 Exam?
4
What two cases were studied in detail in this Topic?
'Mabo v Queensland' and the 'Tasmanian Dams Case'
The term is given to a mandatory vote that results from the process of wanting to alter the constitution.
Referendum
What is the name of the principle that describes 'the power to make and manage laws should be shared between 3 separate branches'.
Separation of Powers
The term for: A basis for government where the citizens elect representatives to serve in the parliament and make decisions on their behalf.
Representative Government
The term that describes over 50% of Australian voters and greater than 50% of the majority of 4 of the 6 states, to achieve a change to the Australian Constitution?
Double Majority
Doctrine that was overturned in the Mabo v Queensland case. Described 'land belonging to no one'.
Terra Nullius
The term given to the 'impacts of an examined viewpoint'. They can be negative or positive.
Effects that may result from a recommendation in Part B. These do not need to be legal in nature.
Implications
What was the key conflict between the State Government and the Federal Government in the Tasmanian Dams Case?
The State Government believed it had the power to make decisions over its land and construct a Hydro-electric dam on the Gordon river. The Federal Government used its 'external affairs' power under s51 of the Constitution to create the 'World Heritage Properties Conservation Act 1983 (Cth) to stop the dam from being built, protecting the area under World Heritage.
Which court in the Australian Court Hierarchy was established to interpret the constitution, interprets and applies laws of significance throughout Australia and is the highest court of appeal?
The High Court of Australia
Name the three levels of government and describe what each of them do.
Federal, State and Local.
Federal - makes laws that are of national significance. Defence, Immigration, Foreign Policy.
State - makes laws pertaining to a state or territory. Roads, Housing, Prisons, Public Transport etc
Local Councils - makes by-laws pertaining to town planning, sewerage, local roads, rubbish collection etc
Details the legislative powers of the Commonwealth Parliament. Results in 'exclusive' powers to the Federal Government.
Section 51.
Define Murri Court.
A specialist community court where the criminal justice system links Aboriginal and Torres Strait Islander defendants to culture and support services or Elders and support services.
The term that states government officials are responsible for their actions and decisions. Governments must be accountable to the public and government authorities.
Accountable Government
True or False: Rather than write 'just and equitable outcomes' to justify a recommendation, it is better to write 'just and equitable outcomes' AND offer an explanation of how the recommendation offers just and equitable outcomes? e.g. results in the ethical use of government resources.
True
Attitudes, opinions or perspectives about a legal issue. There must be two of these in your Part B.
Viewpoints
Why is section 109 significant to the Tasmanian Dams Case?
It demonstrated that when a state law conflicts with a federal law on the same subject, the federal law overrides the state law.
Who makes up the Executive Government at the State and Federal Levels?
Executive: GG, Prime Minister and Cabinet.
State: Governor, Ministers of Parliament.
What 4 key steps MUST be met to result in a change in the Australian Constitution.
Proposed Change must be passed by a majority in both houses of Federal Parliament > Referendum.
Over 50% of all Australian Voters in favour.
A majority (four) of the six states must have over 50% of voters
Governor General Assent.
Name three ways in which governments can be held accountable.
Hansard, Question Time, Elections, Australian Media, Freedom of Information Acts, Parliamentary Committees, Commonwealth Ombudsman, National Anti-Corruption Commission, Parliamentary Standing Orders.
Name two of the four key ideas of Australian Democracy?
Active and Engaged Citizens, Inclusive and equitable society, freed and franchised elections, the rule of law for both citizens and government.
Name two benefits of the Murri Court System.
Culturally Responsive Justice
Promotes effective and rehabilitative outcomes
Offers a less formal and more inclusive process
Seeks to address the overrepresentation of First Nations people in the criminal justice system.
What are these things an example of in Part B?
Just and equitable outcomes, rule of law elements, balancing the protection of individual rights with the protection of society.
Legal Criteria
A subject or matter involving the law that is worthy of investigation or debate.
Legal issue
Why is Section 51 significant in the Tasmanian Dams Case?
It showed that the Federal Government used S51 (legislative powers of government) to enforce its external affairs powers to create legislation that prevented the dam on the Gordon river from being created.
Name the three types of powers across the three levels of government and define each.
Exclusive Powers - powers given to the Federal Parliament
Residual Powers - powers of States/Territories
Concurrent Powers - powers to make laws on common areas e.g. education, health.
What are the three arms of the Separation of Powers and what are each of them responsible for?
Parliament - power to make and change law.
Executive Government - power to put law into action.
Judiciary - power to make judgements on law.
What is the difference between 'Division of Powers' and 'Separation of Powers'.
Division of Powers: divides power between the Federal and State Parliament.
Separation of powers: Parliament, Executive Government and Judiciary.
In what year did the Australian Constitution come into effect. You must give the exact date and year.
01 January 1901
Name the Act (legislation) that resulted in the Australian Constitution.
Commonwealth of Australia Constitution Act 1900 (UK).
Name 3 elements of the Rule of Law Wheel that are relevant to the Topic: Governance in Australia
Open, independent and impartial judiciary; Laws are made in open and transparent way by the people; Government Agencies behave as model litigants; Separation of Powers; the law and its administration is subject to open and free criticism; The law is known and accessible.
What legal criteria do the following elements belong to: 'fairness in the circumstances', 'even of impartial outcomes', 'ethical use of resources', 'improved accessibility'.
Just and equitable outcomes.
Describe two ways Mabo v Queensland impacted Australian Law?
Overturned Terra nullius.
Established the Native Title Act 1993 (Cth).
Established that native title exists where Indigenous people have an ongoing connection to land and if a statute law doesn't specifically override or contradict native title.