Separation of
Powers
Powers
This principle divides government authority among the legislative, executive, and judicial branches.
What is the separation of powers?
A division of power that allows for both shared authority on national matters and autonomy for regional (e.g. state) governments on local issues.
What is federalism?
When was the Australian Constitution created?
In 1900...
Parliament creates one, and the courts create the other...
What is the main difference between statute and common law?
The House of Representatives and the Senate.
What is Congress?
This branch of government is responsible for interpreting laws and ensuring they follow the Constitution. #Favourite
What is the judicial branch?
Fill in the blanks: Powers listed in Sections 51 and 52 of the Constitution, are exercised __________ or __________ by the Commonwealth.
What are "exclusively" and "concurrently"?
In systems like Australia’s, this document divides governmental functions among the legislature, executive, and judiciary.
What is the Australian Constitution?
This principle ensures that no one, including government officials, is above the law and that all individuals are subject to the same legal standards.
What is the rule of law?
The first ten amendments to the United States Constitution...
What is the Bill of Rights?
When the executive vetoes a bill but the legislature overrides that veto, it is an example of this related concept.
What are checks and balances?
This constitutional section—often called the "inconsistency clause"—states that when a state law conflicts with a Commonwealth law, the Commonwealth law prevails.
What is Section 109?
Law-making powers the Commonwealth Parliament can use exclusively, without the states also being able to legislate on the same matters.
What are exclusive powers?
This High Court case established that external affairs powers allow the Commonwealth to pass laws implementing international treaties, even in areas traditionally controlled by the states.
What is the Tasmanian Dams Case (Commonwealth of Australia v Tasmania (1983))?
The document that declared the American colonies free from British rule.
What is the Declaration of Independence?
This term describes the blurred but functional overlap between legislative and executive powers in Westminster systems, even while the judiciary remains strictly independent.
What is judicial independence?
This type of power, not listed in the Constitution, remains with the states unless explicitly taken by the Commonwealth.
What are residual powers?
A section of the Constitution sets out this double requirement—both a national majority and a majority of voters in a majority of states—must be met for a referendum to succeed in Australia.
What is Section 128?
These three 'aspects' of the law set out most of Australia's human rights.
What are the Constitution, convention, and subordinate legislation?
DOUBLE JEOPARDY: This United States president wrote the Declaration of Independence in a certain year.
Who is Thomas Jefferson and July 4, 1776?
This concept explains why ministers, who are part of the executive, must also sit in and remain accountable to Parliament in Westminster systems, creating a partial overlap in powers.
What is responsible government?
This High Court case (name and year) dramatically expanded Commonwealth financial dominance by allowing the federal government to take over the collection of income tax.
What is the Uniform Tax Case (South Australia v Commonwealth (1942))?
This High Court case from 1920 fundamentally changed how the Constitution is interpreted by rejecting earlier literal approaches and affirming the idea that powers should be read broadly in favour of the Commonwealth.
What is the Engineers’ Case (Amalgamated Society of Engineers v Adelaide Steamship (1920))?
This High Court doctrine resolves conflicts between state and Commonwealth legislation by giving priority to federal law when conflict arises.
What is the doctrine of inconsistency?
This 1973 case legalised abortion in the United States based on a woman's right to privacy under the Fourteenth Amendment (The case was overturned in 2022).
What is Roe v. Wade?