Please enable JavaScript.
Coggle requires JavaScript to display documents.
LEGAL STUDIES U4AOS1 - CHAPTER 11 (Chapter 11.1 - High Court cases and…
LEGAL STUDIES U4AOS1 - CHAPTER 11
Chapter 11.1 - High Court cases and Sections 7 and 24 of the Constitution
Section 7 established all matters in relation to the Senate
Section 24 establishes all matters in relation to the House of Representatives
The High Court must interpret the wording of the Constitution and decide what the words actually mean
To ensure that Australia is a representative democracy, the constitution demands that members of both houses of parliament are directly chosen by the people
The High Court, through its interpretation of the Constitution, serves as a constitutional guardian
Cases
Rowe V Electoral Commission (2010)
Lange v Australian Broadcasting Corporation (1997)
Monis v The Queen
Roach v Electoral Commission
Chapter 11.2 - Referendums
1999 Referendum on the republic
Howard government passed the referendum in the Commonwealth Parliament, and the referendum went to the Australian people, however it did not receive a double majority to pass.
1946 Social services referendum
The Commonwealth Parliament lead a successful referendum to establish a new head of power for the Parliament to make laws about welfare benefits – after the Second World War many more people needed Commonwealth welfare
Section 128 of the Australian Constitution sets out the rules for changing the Constitution – the referendum process
1967 Aboriginal and Torres Strait Islander peoples referendum
The Constitution denied Aboriginal and Torres Strait Islander people the same rights as white Australians – The referendum changed that, for example aboriginals could now vote
Chapter 11.3 - The High Court and Division of Law Making Powers
Section 75 gives the High Court the jurisdiction to hear and determine cases involving disputes:
In which the Commonwealth, or person suing or being sued I behalf of the Commonwealth, is a party
Between states, or between residents of different states or between a state and a resident of another state
Cases:
Ha case
Some metropolitan duty-free stores did not have these requires licences, so the NSW government sued them
The high court found that the NSW government had not right to pass this bill as it violated Section 90 of the Constitution – this is an exclusive power
The New South Wales government passed the Businesses Franchise Licences [Tobacco] Act 1987
WorkChoises case
In New South Wales v Commonwealth, NSW, WA, SA, Qld, Vic, Australian Workers Union and Unions NSW challenged the legislation in the High Court for violating Section 51[xx] of the Constitution
The High Court ruled (5:2) that the Commonwealth could make this law – this meant that the Commonwealth has more jurisdiction over state workplace relations
The Commonwealth Parliament passed the Workplace Relations Amendment [WorkChoices] Act 2005
Brislan case
The Commonwealth passes the Wireless Telegraphy Act 1905, requiring all people to have a licence for a household radios (wireless sets)
Brislan did not have a licence and was sued by the Commonwealth
Section 51[v] of the Constitution allows the Commonwealth to legislate on Postal, Telegraph, Telephonic, ad other like services.
Chapter 11.4 - Interpretations of the External Affairs Power
Australia also agrees to many International Declarations
The Commonwealth Parliament must pass legislation to give effect to the obligations of the international treaties
They are non-binding agreements between countries
Case:
Lemonthyme Forest case
Seas and Submerged lands case
War crimes case
Tasmanian Dams case
Australia agrees to many International Treaties
Australia may make laws to ensure that it is abiding by the treaty
International treaties are governed by international law
Section 61 states that the power to enter into international treaties is an executive power
Section 51[xxix] of the Constitution gives the Commonwealth Parliament the power to makes laws on external affairs
The High Court found that the Commonwealth Parliaments power to legislate on external affairs is not absolute
The treaties and declarations must be
bona fide
(genuine)
Parliament is limited by express rights in the constitution
Cannot legislate beyond the agreements of the treaty