The constitution
Define the Australian Constitution
The set of basic rules by which the country is governed
Name the three arms of government
The legislative/Parliament arm
The executive arm
The judicial arm
What are the two houses in the Commonwealth Parliament?
House of Representatives & Senate
What is the primary function of the High Court
The High Court is the highest court in the Australian judicial system and it’s primary function is to interpret the constitution
Commonwealth Government make legislation that changes the interpretation on the Australian Constitution
What year did the Australian Constitution come into effect in Australia?
1901
Define the roll of the separation of powers
Requires that all three arms be separated to ensure that no individual body or person has complete control/power.
Define what responsible government is
Means that a party or coalition of parties must maintain the support of the majority of members of the House of Representatives in order to remain in government.
The High Court is the highest court in the Australian judicial system and it’s primary function is to interpret the constitution, however, the High Court also has to interpret and apply the laws of Australia, decides cases of special federal significance & hears appeals by special leave.
Why was the case study Commonwealth v Tasmania (1983) heard in the High Court?
Commonwealth and State disputes which impact the Australian Constitution are heard in the High Court of Australia.
Section 51 sets out powers to make laws for what?
Peace, order and good government of the Commonwealth
What is the role of the Parliament?
Makes and amends the law
Two (2) advantages of a unicameral parliament system
Advantages could include: Less workload with one chamber/house, more efficient in passing laws, fast process with one chamber
Which courts does the High Court of Australia hear appeal cases from?
In particular, what section of the Australian Constitution gave the Commonwealth power to enact the World Heritage Properties Conservation Act (1983)
What is the title of Section 51 of the Australian Constitution?
Legislative powers of the parliament
Who makes up the executive government?
Queen (represented by the Governor-General [GG]), Prime Minister and ministers (Cabinet)
What is the main difference between the bicameral and unicameral Parliament?
Bicameral – 2 houses and Unicameral – one house of parliament
Describe what the rule of law is?
Laws apply to everyone equally and fairly.
It requires we have laws that are followed or enforced.
Three main purposes for the rule of law include: fairness, equality before the law and justice
Achieve equal outcomes for the protection of all citizens
Why did the Tasmanian Government challenge the Commonwealth Government in the case study Commonwealth v Tasmania (1983)?
It argued that the Commonwealth Government did not have power under the Commonwealth/Australian Constitution to stop the dam being constructed. Also acceptable would be to say that the Tasmanian Government argued it was unconstitutional to make laws with respect to the environment.
What does section 109 mean with regards to the division of powers?
When a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail/override, and the former shall, to the extent of the inconsistency, be invalid’
Who makes up the Judiciary?
High Court of Australia and other federal courts (Judges)
Two (2) disadvantages of a unicameral parliament system
Disadvantages could include: More workload with two chambers/houses, less efficient as unicameral legislature, slower process with two chambers having to debate Bills (one in each chamber/house)
Describe the relationship between rule of law and separation of powers
According to the rule of law, people are governed by the law and no one is above the law. Checks and balances via the separation of powers are critical to ensure the spread of power and no one is above the law and this is carried out via the 3 arms of government, between those who make the law, those who interpret the law and those who enforce the law.
Give one reason why was the Commonwealth v Tasmania (1983) a landmark case?
Determined Commonwealth could make laws to protect the environment using the external affairs power under s51(xxix) of the Constitution essentially the High Court giving a broad interpretation of s51(xxix).