Pre-Federation
The colonies become states and the Australian Constitution came into being.
Why is 1 January 1901 significant?
The Legislature, the Executive and The Judiciary.
What are the branches in the separation of powers
The High Court rejected the doctrine of terra nullius in favour of the common law doctrine of aboriginal title.
What was the outcome of Mabo and Others v Queensland [No. 2] (Mabo Case) (1992)?
The 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.
What changed in the division of power as a result of the 1967 referendum?
On 24 October 1889, it was the first direct appeal to the public to federate into one nation.
What was significant about Sir Henry Parkes' Tenterfield Oration?
Politicians had been discussing federation for some time but amongst themselves.
Everyone is subject to the laws of the land regardless of their status, including those who make the laws.
What is the principle of the rule of law?
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.
What was the outcome of Commonwealth v Tasmania (Tasmanian Dam Case) (1983)
Sections 7 and 24 of the Constitution.
Which sections outline the people voting for our Parliamentary representatives?
Concurrent power.
What power enables taxation legislation, where state taxation takes the form of stamp duty and federal taxation takes the form of income tax (s51)?
31 July 1900.
When did the people of WA agree to join the federation at a referendum?
Checks and balances on the people in our institutions of government to ensure none of them have too much power.
What is the Separation of Powers principle?
A blanket voting ban for all prisoners was unconstitutional; however, a ban on voting for prisoners serving sentences over three years was constitutional.
What were the findings of the Roach v Electoral Commissioner (2007) HCA case?
Exclusive powers in section 52.
What allows federal parliament to decide the federal seat of government and authority over the federal public service?
Residual power.
What lawmaking power is granted to only the states by s108, such as crime, education, housing and transport?
Adelaide City Council.
What was Australia's first election for on 31 October 1840?
Sydney and Melbourne followed in 1842
United as one indissoluble Federal Commonwealth.
What is the principle of Nationhood?
Aboriginal Australians are not within the reach of the "aliens" power conferred by s 51(xix) of the Constitution.
What was established in 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.
What is s114 (exclusive power of Cth)?
The external affairs (s51 (xxix)) three limbs of power.
1. Australia’s relations with other countries
2. Matters external to Australia (geographically)
3. Implementation of treaties (‘treaty limb’)?
Legislation passed by British Parliament, allowing Australian colonies to establish their own constitutions, responsible government and parliaments.
What is the Australian Constitutions Act?
Powers are shared between the Federal Government and the Governments of States/Territories .
What is the the principle of federalism?
Overturned the doctrine of implied intergovernmental immunities and reserved state powers, and established the modern basis for the legal understanding of federalism in Australia.
What was the outcome of Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (Engineers' Case) (1920)?
Allows for the right to a trial by jury.
What is section 80?
Passage of the Statute of Westminster Adoption Act and the Australia Acts.
What legislation gave Australia more power and independence from the United Kingdom?