Constitutional Principles
This principle requires that all individuals, including government, are subject to the law.
What is the rule of law
The principle that requires ministers to be answerable to parliament.
What is responsible government?
This criterion examines whether a law achieves its intended purpose.
What is effectiveness?
This case recognised native title and rejected terra nullius.
What is Mabo v Queensland (No 2)?
Queensland is unique among states because it has this type of parliament.
What is a unicameral parliament?
This doctrine divides power between the legislature, executive and judiciary.
What is the separation of powers?
This parliamentary mechanism allows questioning of ministers about government actions.
What is Question Time?
This criterion considers whether a law can realistically be enforced.
What is enforceability?
This case established the right to a fair trial where legal representation is unavailable in serious criminal matters.
What is Dietrich v The Queen?
The upper house of the Commonwealth Parliament.
What is the Senate?
The section of the Constitution that outlines Commonwealth legislative powers.
What is s 51?
The convention requiring ministers to resign for serious misconduct.
What is ministerial responsibility?
This criterion assesses whether individuals can access and understand the law.
What is accessibility?
This case confirmed that Commonwealth powers can override state powers in certain circumstances.
What is the Tasmanian Dam Case (Commonwealth v Tasmania)?
The lower house of the Commonwealth Parliament.
What is the House of Representatives?
The process required to formally change the Australian Constitution.
What is a referendum under s 128?
This historical inquiry exposed systemic corruption in Queensland.
What is the Fitzgerald Inquiry?
his criterion evaluates whether rights and freedoms are safeguarded.
What is protection of rights?
This principle established that an accused facing serious criminal charges may have their trial stayed if they are denied legal representation and cannot receive a fair trial.
What is the right to a fair trial recognised in Dietrich v The Queen?
This process can occur if the Senate blocks legislation twice.
What is a double dissolution?
This section resolves inconsistencies between state and Commonwealth law.
What is s 109?
This court can declare executive actions invalid if they exceed constitutional power.
What is the High Court of Australia?
This criterion considers whether decision-makers are answerable for their actions.
What is accountability?
This constitutional and common law shift recognised that Indigenous land rights survived British sovereignty unless lawfully extinguished.
What is the recognition of native title in Mabo v Queensland (No 2)?
This mechanism allows courts to review executive decisions for legality.
What is judicial review?