Division of Law-making powers Changing The Constitution The High Court Protection of Rights Lucky Dip 100 200 300 400 500.

Division of Division of Law-making Law-making

powerspowers

Changing The Changing The ConstitutionConstitution

The High The High CourtCourt

Protection of Protection of RightsRights

Lucky DipLucky Dip

100 100 100 100 100

200 200 200 200 200

300 300 300 300 300

400 400 400 400 400

500 500 500 500 500

Division of Law-Making Powers100

Why are law-making powers divided and outlined within the Constitution (50pts) and who decided this should be the case? (50pts)

A:

50pts = During the time of federation Colonies were reluctant to give up all their law-making powers therefore law making powers relevant to Australia as a whole, were given to the Commonwealth and the rest remained with the states. This was done by outlining the division of law-making powers. (Not allowing any state or the Commonwealth to have total control)

50pts = The founding fathers of Federation created the Constitution

Division of Law-Making Powers200

A:

25pts = Specific powers (Powers specifically listed in the constitution)

25pts = Exclusive powers (Powers made exclusive to the Commonwealth only)

25pts = Concurrent powers (Powers shared between Commonwealth & State)

25pts = Residual powers (Powers left with the States)

How are the powers between the States and the Commonwealth divided within the

Constitution? (25pts for the name and a brief explanation of each)

Division of Law-Making Powers300

A: Section 109 of the Constitution provides a mechanism for resolving inconsistencies that arise in the area of

concurrent powers (150pts). Under S109 of the Constitution, if there is a conflict between state and Commonwealth laws

in an area of concurrent law-making power the Commonwealth law will prevail, to the extent of the inconsistency between the two pieces of legislation

(150pts).

Explain section 109 of The Constitution

Division of Law-Making Powers400

A: 150pts = Specific powers are the powers that are specifically outlined in The Constitution. Some of these specific powers are made exclusive to the Commonwealth in other sections of the Constitution .

150pts = Eg.

Explain how Specific powers and Exclusive powers are linked and provide an example

Division of Law-Making Powers 500

A: Correct section number = 25ptsCorrect section explanation = 100

STATESThe states cannot pass laws on areas that have been made exclusive to the Commonwealth Parliament or areas that are by their nature exclusive to the Commonwealth Parliament.

S114 Raising military forces (exclusive power) The states are prohibited from raising naval and military forces.S115 Coining money (exclusive power) The states are prevented from coining money.S90 Customs (exclusive power) The states are prevented from levying customs and excise duty.S109 Concurrent powers State power is restricted by the fact that in areas of concurrent power, where there are

inconsistencies between state and federal legislation, federal law prevails over state law, to the extent of the inconsistency, and the inconsistent state law is considered invalid or inoperable.

S92 Trade within the Commonwealth must be free

COMMONWEALTHS106, S108 Guarantee of state powers Guarantee that the states’ constitutions, powers and laws remain in force. Therefore, the Commonwealth Parliament cannot pass any laws that interfere with the states’ powers and laws. The

Commonwealth cannot pass laws in areas of residual power.S116 Freedom of religion Prevents the Commonwealth Parliament from legislating with respect to religion, thereby

guaranteeing freedom of religion.S117 Rights of residents in states Prevents the residents of a state being discriminated against.S99 Preference The Commonwealth cannot give preference to one state over another.S92 Free trade The Commonwealth cannot restrict free trade between states, although since the case of Cole v. Whitfield (1988) 62 ALJR 303, some restrictions on the movement of goods between states are allowed.S51(xxxi) Acquiring property The Commonwealth Parliament is prevented from acquiring property without paying just

compensation.S51(ii) No discrimination in taxation Gives power to the Commonwealth to make laws with respect to taxation, but does not allow discrimination between states or parts of states.S128 Changing the Constitution S128 provides the mechanism for changing the Constitution.

Outline two restrictions placed on the states and two restrictions placed on the Commonwealth within the Constitution. Include sections in your response.

Changing The Constitution 100

A:

25pts = Parliament

25pts = 128

25pts = Vote

25pts = Referendum

Fill in the blanks :The Commonwealth ___________ can ask people to

agree to a change in the wording of the Commonwealth Constitution. Under section

__________ of the Constitution, for a change to be made to the words in the Constitution, the people must

be asked to ____________ on the change in a ___________.

Changing The Constitution 200

A: The impact of a successful referendum is that the law-making power of the states and Commonwealth parliaments may be altered (100pts) and the wording of the constitution may change (either added or deleted). (100pts)

What impact does a successful referendum have?

Changing The Constitution 300

A: A majority of voters in the whole of Australia (including the territories) must vote ‘yes’. (150pts)ANDA majority of voters in a majority of states must vote yes to the proposed (150pts)

Explain the double majority process

Changing The Constitution 400

1. Timing

2. Double majority success

3. lack of bipartisan support

4. Confusing information

5. Voter conservatism

6. Opposition in the community

7. Erosion of state rights

8. High cost of holding a referendum

What factors hinder the success of a referendum? (need four out of eight – 100pts each)

Changing The Constitution 500

A : 20pts for each box

Explain the process for changing the Constitution

The High Court100

A: The High Court was established under S71(50pts) of the Commonwealth of Australia Constitution Act. S76 gives the Commonwealth Parliament the power to establish the HighCourt with the jurisdiction to hear disputes arising under the Constitution or involving its interpretation (50pts).

What sections of the Constitution are important to the High Court?

The High Court 200

A:

1. Brislan Case (“other like services”)

2. Tasmanian Dam Case (“external affairs)

Name (50pts) and briefly explain (50pts) two cases where the High Court interpreted the Constitution. What was the wording being interpreted for each? (100pts)

The High Court 300

A:

What is one strength and one weakness of the high court as a method of interpreting the Constitution? (150pts each)

The High Court 400

A:

100pts = to act as guardian of the Constitution

100pts = to keep the Constitution up to date100pts = to act as a check and balance on any injustices that may arise or any abuse of power100pts = to give meaning to the words in the Constitution

and apply the Constitution to everyday situations

What is the role of the High Court in interpreting the Constitution?

The High Court 500

A: Whenever the High Court is called on to interpret any section or word, the interpretation adds meaning to the Constitution and can change the division of law-making powers between the states and the Commonwealth. In most instances High Court decisions have led to a shift of law-making power from the states to the Commonwealth. However, not all the early decisions favoured the Commonwealth.

Examples – Brislan or Tasmanian Dams Case

Explanation = 250ptsExample = 250pts

Explain how the interpretation of the Constitution can impact on the division of law making powers using an example.

Protection Of Rights 100Fill in the blanks:

Australia is the only western nation that does not have a national ____ __ ______. In Australia, rights are mainly

protected by a __________ and _________ _____approach. However, there are some rights protected under the

_______________.

A:

25pts = Bill Of Rights

25pts = Legislation

25pts = Common Law

25pts = Constitution

Protection Of Rights 200

A:1. freedom of religion (S116) 2. free interstate trade and commerce (S92)3. not be discriminated against on the basis of the

state where you reside (S117)4. receive ‘just terms’ when property is acquired by the

Commonwealth (S51(xxxi))5. trial by jury for indictable Commonwealth offences

(S80).

List the five express rights outlined in the Australian Constitution and include the section numbers. (20pts = section & 20pts = section number)

Protection Of Rights 300

A:1. The structural protection of rights refers to the protection of rights

contained in the structure and text of the Commonwealth of Australia Constitution Act 1900 (UK), which provides indirect protection of the rights of Australians in their dealings with the Commonwealth Parliament.

2. Express or explicit rights are rights that are expressly referred to in a constitution, bill of rights or similar document. Some express rights are entrenched in a constitution. This means they cannot be easily changed by an act of parliament. Express rights are also referred to as explicit rights.

3. Implied rights are rights that are not expressly referred to but are read into a constitution by implication.

Define:1. Structural protection of rights

(100pts)2. Express rights (100pts)3. Implied rights (100pts)

List two similarities and two differences between Australia and South Africa’s protection of rights.Protection Of Rights 400

SIMILARITIES DIFFERENCESBoth have entrenched rights Australia has 5 express rights where South Africa

has an extensive list

Rights can only be altered or removed by amending the constitution.

South Africa does not use a referendum to alter their constitution.

Individuals or groups can bring a complaint that an act infringes on their rights.

In Australia the Individuals or groups can bring a complaint only if they were directly affected

A court can find that a section of an act is unconstitutional because it contravenes one of the express rights and therefore the relevant section of the act is invalid.

The list of protected rights in South Africa includes economic, cultural and social rights. Australia does not have these.

All rights are fully enforceable by the courts. Australia does not have a Commonwealth Bill of Rights

Parliament can change or amend the offending act. The Bill of Rights in South Africa provides that parliament can limit these rights when it is ‘demonstrably justified in

a free and democratic society’. There is no similar limitation in Australia.

In both countries, citizens are protected by the principle of separation of powers. Under this principle, the High Court is a separate independent body.

100 pts for each.

Protection Of Rights 500Explain one High Court case that is an example of the High Court’s role in protecting the rights of the Constitution.

100pts for each box

Lucky Dip 100

A:

50pts = 44 referendums

50pts = 8 successful

How many?

• Australian referendums?

• Successful referendums?

Lucky Dip 200

A:100pts = The Constitution Alteration (Aboriginals) 1967.This proposal sought to remove any ground for the belief that the Constitution discriminated against people of the Aboriginal race, and, at the same time, to make it possible for the Commonwealth Parliament to enact special laws for these people. The questions put to the people were:

1. whether Indigenous people should be included in the federal census and

2. whether the federal government should be allowed to make policies in respect of them.

100pts = This referendum gave the Commonwealth Parliament the power to legislate for Indigenous people in the states and to include them in national censuses. This amendment altered S51(xxvi) of the Constitution and deleted S127.

What is an example of a successful referendum (100pts) and explain how it changed the constitution (100pts)

Lucky Dip 300When might law-making powers be referred?

Why would they be referred?What is the impact of this?

A :

1.States can refer their residual law-making power to the Commonwealth (100pts)

2.To be uniform across the country (50pts) and because Commonwealth may have better expertise in the area (50pts)

3.The impact of the referral of law-making powers is that there is a change in the division of powers between the states and the Commonwealth in favour of the Commonwealth (100pts).

Lucky Dip 400

A: 100pts = facilitate the division of lawmaking powers by setting out what the Commonwealth Parliament can do with respect to law-making, that is, the types of laws that can be passed by the Commonwealth Parliament — the states can make laws in any area not mentioned in the Constitution, or not specifically made exclusive to the Commonwealth Parliament

100pts = provide a legal framework for the creation of the Commonwealth Parliament and outline the structure of the Commonwealth Parliament, including the composition of the House of Representatives and the Senate

100pts = provide for direct election of the members of the House of Representatives and the Senate by the people of the Commonwealth of Australia

100pts = give the High Court the power to interpret the Constitution if the need arises.

What are the four main roles of the Australian Constitution?

Lucky Dip 500

A:

100 pts each

List two strengths and three weaknesses of the process of changing the constitution?