Definitions
What is the role of the High Court of Australia?
To interpret and apply the Constitution, resolve disputes, and ensure government acts within its constitutional powers.
I interpret the Constitution, settle disputes, and protect democratic governance. Who am I?
The High Court of Australia.
Why can’t the High Court directly change the Constitution?
Only the people can change it through a referendum under Section 128.
How does the High Court uphold the rule of law?
By ensuring the government acts within constitutional limits and reviewing the validity of laws.
In what year did Australia become a federation?
1901
What is the rule of law?
The principle that everyone, including the government, must follow the law.
I outline how Australia is governed and the powers of government. Who am I?
The Australian Constitution.
What does Section 128 outline?
The process for changing the Constitution through referendum.
Why is the rule of law important in a democracy?
It prevents abuse of power and protects citizens’ rights.
Who is the Commander-in-Chief of the Australian Defence Force?
The Governor-General.
What is a referendum?
A national vote used to formally change the Constitution under Section 128. You must have a double majority to pass.
I ensure no leader or government official is above the law. Who am I?
The rule of law.
What does Section 71 establish?
The judicial power of the Commonwealth and the creation of the High Court.
In the Communist Party Case, how did the rule of law influence the outcome?
The Court ruled the government had exceeded its powers and reinforced that Parliament must follow the Constitution.
How many Justices usually sit on the High Court?
What is an implied right?
A right not written in the Constitution but recognised by the High Court through interpretation.
I give the Commonwealth power over defence. Who am I?
Section 51(vi) of the Constitution.
How does the High Court influence the balance of power?
Through interpretations that expand or limit federal and state powers.
What does the rule of law require from political leaders?
That they follow legal processes and cannot act outside their powers.
What type of democracy does Australia have?
A representative democracy.
What does “separation of powers” mean?
Power is divided between the legislative, executive, and judicial branches to prevent abuse of power.
I exercise power under Section 61, but I’m not the Parliament or the Courts. I carry out the laws rather than make or interpret them, yet my power grows or shrinks depending on High Court rulings. Who am I?
The Executive (Executive Government).
What is the purpose of having express and implied rights in the Constitution?
To protect citizens by limiting government power and guiding court interpretations.
How does the Constitution support the rule of law?
By setting clear limits on government powers and allowing the High Court to enforce them.
Why does the High Court play a key role in shaping Australia’s system of government?
Because its decisions influence how constitutional powers are understood and applied.