Constitutional Sections
Section 109
One exclusive power
Defence, currency etc.
2 express rights
Freedom of religion, trial by jury for Cth indictable offence, not be discriminated against based on state of residence, just terms when property is acquired and free interstate trade and commerce
Requirements for a referendum
Section 128
Taxation, marriage etc
Strength of express rights
protects society, can't be removed by parliament, high court can declare ultra vires if infringed
Freedom of religion
Section 116
Two residual powers
Roads, education and public transport
Requirements for a referendum to pass
Double majority, i.e. majority of votes in the majority of states and an overall majority
Composition of the Senate (representative government)
Section 7
2 features of section 109
1. Inconsistencies must arise from clashes or conflicts in the creation of legislation made with concurrent powers.
2. Cth government retains precedent over the jurisdiction on law making
3. Changes to the law are only consistent to the extent of the inconsistency
Weakness of express rights
only changed via referendum, Cth parliament can still pass laws which need to be challenged in court
Appellate jurisdiction of the High Court
73
Significance of one referendum, its date and the result
Republic, 1999, no
implied right and where is it implied
implied right to vote, s7 and s24