Legal Unit 4 AOS1

The roles of the crown and houses of parliament (state and commonwealth)

Division of constitutional law making powers (exclusive, residual, concurrent)

Significance of section 109 of the constitution

The means by which the constitution acts as a check on parliament

Significance of a high court case interpreting sections 7 and 24 of the constitution

The significance of one referendum that has protected or changed the constitution

The significance of one high court case which has had in impact on the division of law making powers

The impact of international decelerations and treaties on the interpretation of the external affairs power

Crown's role is to give royal assent to bills, dissolve parliament and issue writs for new electorates, and has the power to overrule of dissallow any commonwealth law that has been give royal assent within one year

Lower houses role (House of representatives, Victorian legislative assembly) to initiate laws except for money or appropriation laws, party with most seats forms government and second highest forms opposition, and publicies and critizises bills passed though the upper house first, controls government expenditure, represent the people

Upper houses role (Senate, Victorian legislative council) act as house of review to amend or reject any proposed law, initiate bills exepct for money or appropriation bills, represent the states

Bicameral structure of parliament

Separation of powers

Express protection of rights

Role of the high court in interpreting the Australian constitution

The requirement for a double majority in a referendum

refers to how the areas of law-making powers are divided between the commonwealth and the state parliaments. There are 4 types

Specific

Exclusive

Concurrent

Residual

Powers that are enumerated (numbered) and entrenched (only be removed via process of referendum)

Powers that only the commonwealth can legislate on. They are written in the constitution, and cannot be shared. Examples include 'a state shall not raise or maintain any naval or military force' (s51)