Structure of Government
What are the three levels of government in Australia?
Federal, state/territory, and local.
What is the purpose of the Australian Constitution?
To establish the legal framework for the governance of Australia.
What are the three branches of government?
Legislative, executive, and judicial.
What is the primary role of the High Court of Australia?
To interpret and apply the Constitution and resolve disputes between states and the federal government.
What is one example of a check on legislative power?
The Governor-General’s ability to withhold royal assent.
What is the primary areas that the federal government are responsible for?
To manage national matters like defence, immigration, and trade.
In what year did the Australian Constitution come into effect?
1901
What is the primary role of the legislative branch?
To make and amend laws.
What types of cases does the High Court hear?
Constitutional cases, appeals from lower courts, and matters of national significance.
How does the Senate act as a check on the House of Representatives?
By reviewing and amending proposed legislation.
What is the legislative body at the federal level in Australia called?
The Parliament of Australia, consisting of the House of Representatives and the Senate.
What is a referendum?
A national vote to approve or reject changes to the Constitution.
Which branch of government interprets the law?
The judiciary.
What is the significance of the High Court's decision in the Tasmanian Dams Case?
It upheld the federal government’s power to protect the environment under international treaty obligations.
What role does judicial review play in checks and balances?
It allows courts to invalidate laws that conflict with the Constitution.
Who represents the King at the federal level in Australia?
The Governor-General.
How many referendums have successfully changed the Australian Constitution?
Eight (8)
How does the separation of powers protect democracy?
By ensuring no single branch has absolute power, maintaining checks and balances.
How many justices sit on the High Court of Australia?
Seven, including the Chief Justice.
How can citizens hold the government accountable?
Through elections, petitions, and participation in parliamentary inquiries.
What sections deals with the process for resolving disputes between state and federal laws under the Australian Constitution?
Section 109 of the Constitution states that when a state law conflicts with a federal law, the federal law prevails to the extent of the inconsistency.
What is the significance of Section 51 of the Constitution?
It outlines the specific powers of the federal government, known as the "enumerated powers," including areas like defence, trade, and taxation.
How does the principle of the separation of powers apply in the context of ministerial positions in Australia?
Ministers are part of the executive and are also members of the legislature, creating a partial overlap, which is unique to Australia's Westminster system.
How does the High Court’s decision in Mabo v Queensland (No 2) (1992) relate to the principle of legal precedent and constitutional interpretation?
The Mabo decision overturned the doctrine of terra nullius, recognising native title rights. It set a new precedent by interpreting common law in a way that acknowledged Indigenous land rights within Australia’s constitutional framework.
What is the role of the Governor-General in ensuring checks and balances within Australia’s system of governance?
The Governor-General has reserve powers, such as the ability to dismiss a Prime Minister, dissolve Parliament, or refuse royal assent, which can act as a constitutional safeguard in extraordinary circumstances.