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U4AOS1 - legal

QuestionAnswer
what are the roles of the house of reps in law making ? initiate and make laws, determine the governemnt, act as a house of review, represent the people (rep gov + laws should reflect the views of the people) , scrutinise gov administration
what are the roles of the senate in law making ? act as a house of review, allow for equal rep of the states, initate bills, scrutinse bills and gov admin (through commities)
what are the roles of the Crown ? grants royal assent, withold royal assent, appoint executive council
what did the constituition allow for (aus federating) ? creation of parliament which has law making powers, established a high court, allows Aus to be governed using Westminister principles
how is aus governed ? constitutional monarchy (having a Gov general to act as the head of state), representative democracy (vote for who will represent them)
what are the westminster principles ? responsible government (gov is answerable to the parliament, ministers are responsible for their portfolio, hierarchial accountability minister --> PM --> parliament --> people!) seperation of powers (no single body can hold all three law making power
what are the three law making powers ? power to make law (legislative) --> parliament power to administer the law (executive) --> ministers + gov agencies power to interpret how the law is applied (judicial) --> courts
what is the parlimentary system in aus ? established in constituition federal parliaments (make laws that apply to whole of Aus), state parliaments (make laws that apply within the state)
examples of residual powers : education, public transport, law enforcement protected, but not expressed by the constituition (not given to Commonwealth parliament)
examples of exclusive powers and what parts of the constituition sections 51 and 52 defence, currency, interantional trade
examples of concurrent powers and what part of the constituition section 51 trade, marriage, divorce, taxation
what is section 109 ? 'when a law of the 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'
facts of the Brislan case : - section 51 of cont. gives Cth power to legislate on postal, telephonal, etc. and other like services - Cth passed an act requiring all owners of wireless sets to hold a licence - charged with not holding licence - argues its not under section 51
what was the decision of the Brislan case high court interpreted the Constituition as including 'other like services'
what are the three (4ish) factors that affect the ability of parliament to make law ? 1. bicameral structure of Cth parliament 2. international pressures, 3. representative government (upheld through reg elections)
Created by: lipikaa
 

 



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