Bicameral Structure of Parliament
What does “bicameral” mean in the context of the Australian Parliament?
Having two houses – the lower and upper house
What is an international treaty?
A formal agreement between countries.
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?
Legislative, Executive, and Judicial.
Which right means the Commonwealth must pay fairly if it takes your land?
the right to ‘just terms’ compensation
How does the Senate act as a check on the Commonwealth Parliament’s law-making power?
By reviewing and scrutinising proposed laws
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?
To prevent any one body from having total control.
Which right protects people from being treated unfairly because they’re from a different state?
the right to not be discriminated against based on state of residence?
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.
What is the Convention on the Rights of the Child?
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 judiciary.
Which right ensures a person charged with a serious Commonwealth crime is tried by a jury?
the right to trial by jury for indictable Commonwealth 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?
So they can rule on laws without political influence.
What does the Constitution say about the Commonwealth making laws about religion?
It cannot establish a religion or prevent the free practice of one
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?
By ensuring laws do not unfairly exclude people from participating in elections.eg The Vicki Lee Roach case.
Provide an example of a law being challenged in court due to concerns about the separation of powers.
Any High Court case involving unconstitutional action. A significant example of a law challenged due to separation of powers concerns in Australia is the challenge to the "Boilermakers' case". The case, formally known as R v Kirby; Ex parte Boilermakers' Society of Australia, involved the Commonwealth Court of Conciliation and Arbitration, which was found to be exercising judicial functions (imposing a penalty on a union) that was incompatible with the separation of powers doctrine.
Which right allows businesses and goods to move freely between states?
the right to free interstate trade and commerce