The Constitution
Describe s109 of the Australian Constitution.
If there is an inconsistency in laws, the Commonwealth will prevail and the inconsistency will be invalid.
Explain how the prime minister is elected.
The prime minister is determined by the political party who forms government (has the majority of seats in the House of Representatives. The winning party votes for the leader who then becomes the prime minister.
Identify the number of seats in the House of Representatives
150
Explain the difference between 'parliament' and 'government' in Australia's legal system.
'Parliament' is made up of all those who hold a seat in both houses (House of Representatives and Senate), while the 'government' is made up of those who hold seats from the winning party (holding the majority of seats) in the House or Representatives.
Explain the relationship between legislation and case law.
Judges interpret the law as they believe was intended by parliament.
Describe the process of changing the constitution.
1. A Bill for the change must first pass both houses of parliament.
2. Referendum takes places (question is posed as a 'yes/no' questions).
3. Double majority needed to pass: a majority of the people and a majority of the states (at least four).
Explain the difference between a simple majority and absolute majority.
A single majority is the majority of those present in parliament at the time. An absolute majority is 76 of the 150 members in the House of Reps.
Explain how Queensland's parliament is different to the other states in Australia.
Queensland is unicameral (one house: legislative assembly) while the other states are bicameral (two houses: legislative assembly and legislative council)
Explain when a joint-sitting can take place.
After a double dissolution, the Bills which triggered the re-election can be reintroduced to parliament and voted on through a joint-sitting (a combination of the House of Representatives and Senate)
Explain judicial precedent.
Judges interpret the legislation and use previous judgements from similar case to determine sentencing. It ensures fairness.
Explain why the constitution is so hard to change. Use an example.
Changes to the constitution are traditionally very challenging as there are many conditions which must be meet including a double majority.
Only 8 referendums have passed so far.
Explain why a minority government is problematic.
The government is reliant on minor parties and independents to pass legislation.
Explain how representative democracy works in Australia.
The people vote in their electorate for a candidate who will represent their interests in parliament. If the people are not happy with their chosen individual they can vote for another candidate in the next election.
Describe the process of a double dissolution.
Once these conditions have been met, the Prime Minister can recommend to the Governor-General that a double dissolution of the Parliament take place. A federal election will then be held to elect all members of parliament.
Explain the importance of judicial independence and provide one example.
The judiciary must be independent to ensure democracy is upheld. It is a foundational principle of rule of law.
-Keeps governments accountable; ensures public confidence; fair and impartial justice
Identify the three arms of the separation of powers and explain why the separation of powers is a significant element in the Australian Constitution.
Executive, legislative, judicial
The arms must remain separate to ensure no one arm has too much power. While there is some overlap in the executive and legislative branches, the judiciary is completely separate to ensure they remain independent and unbiased.
Ministers are responsible for portfolios and therefore putting the law into action. Cabinet is made up of all the ministers lead by the Prime Minister.
Explain the purpose of an electorate.
An area determined by the Australian Electoral Commission. It is approximately 150,000 people. The winning candidate represents the electorate in the House of Representatives.
Explain the role of the Governor-General including reserve powers.
King's representative.
Granting royal assent; Appointing Ministers; Issuing a writ for an election
Reserve Powers: Power to dismiss the Prime Minister; Power to dissolve one or both houses: the House of Representatives and the Senate
Describe how judges can be removed.
When they turn 70 they must retire.
The Governor-General can remove a judge on advice of the Prime Minister and the majority of both houses of parliament.
Explain how were s51 and s109 used in the Tasmanian Dam Case.
The Commonwealth Government has jurisdiction over any area which is the subject of an international convention which has been ratified. As the government ratified the World Heritage Convention, the HCA found in favour of the Commonwealth and stopped the construction of the dam.
Explain how the Australian Constitution determines the legislative powers of the federal and state parliaments.
Sections 51 & 52 of the AC outlines the law-making powers of the federal parliament (exclusive and concurrent powers).
Other sections in include: s86 & 90: customs (imports); s114 & 115: defence & currency; s122: federal parliament's ability to make laws for territories
Explain a strength and weakness of representative democracy.
Strengths: the people vote for a representative; the people can vote for another representative if they are unsatisfied; streamlines passing legislation.
Weaknesses: the representative may not accurately represent the people; an electorate may have varied expectations; elections are every three years.
Explain one strength and weakness of parliament as a law-making body.
Strengths: elected by the people; strong debate with varied views; abundance of resouces; etc
Weaknesses: party influence (unless a conscious vote/cross the floor); time consuming; jurisdiction can be limiting; etc
Describe the role of the High Court of Australia (HCA)