Checks and Balances
This constitutional principle prevents one body from exercising all law-making, law-enforcing and law-interpreting powers.
What is separation of powers?
The process of giving meaning to words contained in legislation.
What is statutory interpretation?
These are powers held exclusively by the Commonwealth Parliament.
What are exclusive powers?
The Victorian Law Reform Commission inquiry studied by this class.
What is the stalking inquiry?
The constitutional mechanism required to formally change the Australian Constitution.
What is a referendum?
The High Court protects this democratic principle by ensuring members of parliament are directly chosen by the people.
What is representative government?
A precedent from a court in the same hierarchy that does not have to be followed.
What is a persuasive precedent?
Section 109 applies when these two levels of parliament create inconsistent laws.
What are State and Commonwealth parliaments?
The Royal Commission studied by this class.
What is the Yoorook Justice Commission?
The approval required from Australian voters for a referendum to succeed.
What is a double majority?
Name the two express rights protected by the Australian Constitution that are commonly studied in VCE Legal.
What are freedom of religion and trial by jury for Commonwealth indictable offences?
A judge decides a previous case no longer reflects community values and sets aside the earlier legal principle in a later case.
What is overruling?
The High Court case involving a international treaty that expanded Commonwealth law-making power through a broad interpretation of the external affairs power.
What is the Tasmanian Dam Case?
Unlike a pressure group or the media, this law reform body is specifically tasked with conducting independent reviews and recommending legal changes to the Victorian Government.
What is the Victorian Law Reform Commission?
Name the two elements of a double majority.
What is a majority of voters nationwide and a majority of voters in a majority of states (4 of 6)?
A Commonwealth law requires all citizens to belong to a particular religion. Which constitutional check would most likely invalidate the law?
What is the express protection of rights under s116?
A court refuses to follow an earlier precedent because there is a significant difference in the material facts.
What is distinguishing?
A treaty is signed by Australia. The Commonwealth Parliament wishes to legislate in an area traditionally handled by the states. Which constitutional power was strengthened by the Tasmanian Dam Case and could be relied upon?
What is the external affairs power (s 51(xxix))?
A social media campaign gains national attention, leading to petitions and public demonstrations that pressure government to amend legislation. Name two means of influencing law reform present in this scenario.
What are media/social media and petitions or demonstrations? (any two)
This referendum removed discriminatory constitutional provisions relating to First Nations Australians and allowed them to be counted in the national census.
What is the 1967 Referendum?
A law is passed by both houses and receives royal assent. A citizen argues the law is unconstitutional because it breaches representative government. Which institution has the final authority to determine whether the law is valid?
What is the High Court of Australia?
A plaintiff lacks standing, legal costs are prohibitive, and the judge is highly conservative. Name all three factors limiting the court's ability to make law.
What are the requirement for standing, costs and time in bringing a case, and judicial conservatism?
A bill passes the Legislative Assembly but repeatedly fails in the Legislative Council. Which specific factor affecting parliament's ability to make law is causing the difficulty?
What is the bicameral structure of parliament?
The VLRC may conduct a detailed inquiry, consult experts, gather submissions and publish recommendations. Why can it still be considered a limited influence on law reform?
What is because its recommendations are not legally binding and parliament is not required to implement them?
Both the 1967 referendum and the 2023 Voice referendum concerned First Nations Australians. One succeeded overwhelmingly and the other failed. Identify ONE factor affecting referendum success that helps explain the different outcomes.
What is bipartisan support (or lack of bipartisan support)?