Bicameral Structure of Parliament
What does “bicameral” mean in the context of the Australian Parliament?
Bicameral means n the context of the Australian Parliament that the Australian parliament has two houses – the lower and upper house
What is an international treaty?
An international treaty is a formal agreement between countries that sets out rules or standards they agree to follow. The key features of in international treaty is it is legally binding once signed and ratified (made into an act of parliament) by the countries involved. It can cover many areas such as human rights, trade, the environment, or defence. For example, Australia signed the International Covenant on Civil and Political Rights (ICCPR). Later, parts of it were used to develop laws, such as the Racial Discrimination Act 1975.
What does "representative government" mean?
What is the role of the High Court in relation to the Constitution?
To interpret the Constitution and determine the validity of laws.
What are the three branches of power in Australia?
The three branches of power in Australia are the legislative branch, the Executive Branch, and the Judicial Branch.
Which express right in the Australian Constitution means the Commonwealth must pay fairly if it takes your land?
The right to just terms compensation means the Commonwealth must pay fairly if it takes your land. Section 51(xxxi) of the Constitution - This section states that the Commonwealth can acquire property, but only on just terms — meaning fair compensation must be provided. For example, if the federal government wants to build a national highway and needs to acquire private land, it must pay the landowner a fair amount based on the land's market value.
How does the Senate act as a check on the Commonwealth Parliament’s law-making power?
The Senate checks the Commonwealth Parliament’s law-making power by reviewing, amending, or rejecting bills passed by the House of Representatives. When the government does not hold a majority in the Senate, it must negotiate with other parties, which helps ensure greater scrutiny and accountability.
How can signing a treaty affect Australian law-making?
How does frequent election impact Parliament's ability to make law?
It makes them responsive to public opinion but may prevent long-term reform.
What is one way the High Court can limit Parliament’s law-making power?
By declaring a law unconstitutional.
What is the purpose of the separation of powers?
The purpose of the separation of powers is to prevent the abuse of power by dividing government responsibilities among three separate branches: the Legislative (enacts laws), the Executive (enforces laws), and the Judicial (interprets laws).
This structure ensures that no single body has complete control, allowing each branch to check and limit the powers of the others, thereby helping to protect individual rights and uphold the rule of law.
Which express right of the Australian Constitution protects people from being mistreated because they’re from a different state?
The right to freedom from discrimination based on state residence protects people from being mistreated because they are from a different state. Section 117 of the Constitution states that a person cannot be treated less favourably under the law just because they live in another state. For example, a person from Victoria must be treated the same as a person from New South Wales when in Queensland — they cannot be taxed more or denied a right just because of their home state of residency.
Why might the Senate not always act as an effective check on Parliament?
When the government holds a majority in both houses, reducing scrutiny.
Give one example of an international treaty Australia has signed.
It is a United Nations treaty that protects fundamental human rights like freedom of speech, the right to a fair trial, and freedom of religion. Australia signed the treaty in 1972 and ratified it in 1980. It influenced Australian laws such as the Racial Discrimination Act 1975.
what is one strength of representative government in law-making?
A prisoner who challenged a law introduced by the Howard government banning all prisoners from voting.
Which branch interprets and applies the law?
The judicial branch interprets and applies the law.
All courts are part of the judicial branch, which is a component of the separation of powers. Higher courts (like the High Court) play a stronger role in enforcing limits on Parliament’s power. Lower courts still function independently and help uphold the principle by fairly applying the law.
Which express right ensures that a jury tries a person charged with a serious crime in the Commonwealth? What is one limitation of this right?
Section 80 of the Constitution states that:
"The trial on indictment of any offence against any law of the Commonwealth shall be by jury..." This means that if a person is charged with a serious (indictable) offence under Commonwealth law, they have the right to be tried by a jury — not just a judge. This right helps to ensure that ordinary citizens (the jury) are involved in the decision-making process and protects the accused from unfair treatment by the government.
Limitations: It only applies to Commonwealth indictable offences, not state offences.
What is one strength and one weakness of having a bicameral structure?
Strength: prevents rushed law-making. Weakness: deadlocks may delay legislation
Why might international obligations limit Australia’s ability to make certain laws?
What is one weakness of representative government in law-making?
Populist decisions may be made instead of necessary reforms.
What did the High Court decide in Vicki Lee Roach’s case (2007)?
That a blanket ban on all prisoners voting was unconstitutional and undermined representative government. It was in contravention of s7 and s24 of the Australian Constitution.
Why is it important that judges are independent from Parliament?
Judges must be independent from Parliament to ensure that laws are applied fairly and without political influence. Judicial independence means judges can make decisions based on the law and evidence, not on pressure from the government or public opinion. This helps protect individual rights, uphold the rule of law, and ensure that an impartial court system limits Parliament’s power.
Without judicial independence, people might not receive fair trials, and Parliament could pass laws without being held accountable.
What does the Constitution say about the Commonwealth making laws about religion? And what is a limitation of this express right?
It cannot establish a religion or prevent the free practice of one. Section 116 of the Australian Constitution states that: "The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion..." This means the Commonwealth Parliament cannot create an official national religion (e.g. declare Australia a Christian country), or force people to follow a religion or religious practices, or stop people from practicing their religion (as long as it doesn't break other laws). Limitations: This section only applies to the Commonwealth, not directly to state governments. It does not guarantee a complete separation of church and state like in some other countries (e.g. the U.S.). The High Court has interpreted this section quite narrowly — it doesn’t apply to general policies that may indirectly involve religion (e.g. school chaplaincy funding was upheld in Williams v Commonwealth). The Commonwealth funded chaplains (who were religious) to work in public schools. Some argued this breached Section 116 by funding religion in schools. BUT: The High Court did not find a breach of Section 116. Why? Because the law did not force anyone to follow a religion. It didn’t officially establish a religion. The chaplains were not teaching religion, just providing support.
Give an example of when the Senate blocked legislation passed by the lower house.
An example - The Greens have been involved in blocking or significantly impacting climate change legislation in Australia, particularly around the Carbon Pollution Reduction Scheme (CPRS) in 2009 and the subsequent repeal of the carbon tax in 2014.
Can international law override the Australian Constitution?
No, international treaties must be implemented through domestic law. When a Parliament makes international law such as signing an International treaty the process is called ratification. That is, making an international agreement into an act of parliament.
How can political parties affect the representative nature of Parliament?
Parties may vote along party lines rather than for their electorate.
How does the High Court protect the principle of representative government?
The High Court protects the principle of representative government by interpreting the Constitution to ensure Parliament is chosen by the people. In cases like Vickie Lee Roach v Electoral Commissioner (2007), the Court ruled that laws removing voting rights from all prisoners were invalid, as they undermined the right of the people to choose their representatives under sections 7 and 24 of the Constitution.
In this 2007 case, the High Court ruled that a law banning all prisoners from voting was unconstitutional because it breached the principle of representative government.
Vicki Lee Roach v Electoral Commissioner. The High Court ruled that the blanket ban on all prisoners voting was unconstitutional because it breached sections 7 and 24 of the Constitution, which state that members of Parliament must be “directly chosen by the people.” The Court found that representative government is a constitutional principle, and some prisoners (e.g., short-term prison sentences under 3 years) should still have the right to vote.
By striking down the law, the High Court upheld the idea that: All adult citizens should have a say in electing Parliament. Parliament cannot pass laws that unfairly limit who can vote without a strong justification.
Which right allows businesses and goods to move freely between states?
The right to free interstate trade and commerce. The right to free interstate trade and commerce enables businesses and goods to move freely across state lines. Section 92 of the Australian Constitution states that: "Trade, commerce, and intercourse among the States... shall be absolutely free." What this means is the Commonwealth and state parliaments cannot pass laws that restrict trade between states. Goods, services, and people must be able to move freely across state borders without unfair taxes, bans, or limits. This encourages a national economy and protects business freedom. For example, a state cannot ban products from another state just to protect its local businesses — that would breach Section 92.