1
Pre-Federation
Pre-Federation
The colonies become states and the Australian Constitution came into being.
1 January 1901
What are the branches in the separation of powers
The Legislature, the Executive and The Judiciary.
The High Court rejected the doctrine of terra nullius in favour of the common law doctrine of aboriginal title.
Mabo and Others v Queensland [No. 2] (Mabo Case) (1992)?
State versus Federal Law inconsistency rule.
What is section 109 of the Constitution, when a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid?
Commonwealth Parliament gained power to make laws with respect to Aboriginal people wherever they lived in Australia.
1967 referendum
On 24 October 1889,
S _ _ H _ _ _ _ P _ _ _ _ _
made the first direct appeal to the public to federate into one nation.
Sir Henry Parkes
What is the principle of the rule of law?
Everyone is subject to the laws of the land regardless of their status, including those who make the laws.
The Commonwealth had power under section 51 (xxix) of the Constitution to stop the dam based on Australia's international obligations under the World Heritage Convention.
Commonwealth v Tasmania (Tasmanian Dam Case) (1983)
Which sections outline the people voting for our Parliamentary representatives?
Sections 7 and 24 of the Constitution.
What power enables taxation legislation, where state taxation takes the form of stamp duty and federal taxation takes the form of income tax (s51)?
Concurrent power.
When did the people of WA agree to join the federation at a referendum?
A) 31 July 1901
B) 31 July 1900
C) July 31 1899
What is the Separation of Powers principle?
Checks and balances on the people in our institutions of government to ensure none of them have too much power.
A blanket voting ban for all prisoners was unconstitutional; however, a ban on voting for prisoners serving sentences over three years was constitutional.
Roach v Electoral Commissioner (2007) HCA case?
What allows federal parliament to decide the federal seat of government and authority over the federal public service?
Exclusive powers in section 52.
What lawmaking power is granted to only the states by s108, such as crime, education, housing and transport?
Residual power.
What was Australia's first election for on 31 October 1840?
A) Adelaide City Council.
B ) Brisbane City Council.
C ) Commonwealth City Council.
Adelaide City Council.
What is the principle of Nationhood in Australia?
United as one indissoluble Federal Commonwealth.
Aboriginal Australians are not within the reach of the "aliens" power conferred by s 51(xix) of the Constitution.
Thoms v Commonwealth of Australia (2020) (understood according to the tripartite test in Mabo v Queensland [No 2] (1992)])?
Prohibits states from raising naval or military forces.
Section 114 (exclusive power of Cth)?
What is the collective HCA recognition of:
1. Australia’s relations with other countries
2. Matters external to Australia (geographically)
3. Implementation of treaties (‘treaty limb’)?
The external affairs (s51 (xxix))
Legislation passed by British Parliament, allowing Australian colonies to establish their own constitutions, responsible government and parliaments.
Australian Constitutions Act
What is the the principle of federalism?
Powers are shared between the Federal Government and the Governments of States/Territories.
Overturned the doctrine of implied intergovernmental immunities and reserved state powers, and established the modern basis for the legal understanding of federalism in Australia.
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (Engineers' Case) (1920)?
Allows for the right to a trial by jury.
Section 80
The executive power of the Commonwealth is vested in the Queen and is exerciseable by the Governor-General...
Section 61