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WorksheetsUnit 4 OC 1 Legal Studies (checks, cases & referendums)
Total questions: 22
Worksheet time: 17mins
Select all 5 means by which the the Australian Constitution acts as a check on parliament in law-making
Bicameral Structure
High court interpreting the constitution
The separation of powers
Express protection of rights
Double majority referendum
The separation of powers acts as a check on parliaments law-making by ensuring that one body does not have complete control over all functions of the parliament and legal system
true
false
Select all the bodies that make up the separation of powers
Judicial - the courts
Executive - the PM & Ministers (Cabinet)
The Governor General - the Queens Representative
The High Court - the only court with the power to settle Constitutional disputes
Legislative - both houses of Parliament & the Governor General
If the High Court decides that the Commonwealth Parliament has made a law that is outside of it's Constitutional power, then they can deem the legislation invalid
True
False
No idea
Freedom of religion, free interstate trade, receive just terms when property is acquired by law, trial by jury for indictable Commonwealth offences & not to be discriminated against on the basis of state are all
Separation of powers
Areas the Commonwealth Parliament can make laws in
Are express rights written into the constitution
Can be changed by the Commonwealth Parliament at any time
The High Court can restrict the law-making of Parliament by
Changing the words in the Constitution
Ordering a referendum
Interpreting the words in the constitution at any time
Interpreting the words in the constitution by considering the facts of a case brought before them
The two sections of the Australian Constitution that create our system of representative government are:
sections 50 and 51
sections 7 and 24
sections 101 and 109
c. sections 17 and 128
The Roach Case relates to
External affairs powers of the Commonwealth Parliament
Section 109 of the Constitution on inconsistencies
Section 7 and 24 of the Constitution on representative government
The division of constitutional law-making powers
In the Franklin Dam case, the High Court interpretation of “external affairs” altered the division of law making powers
by expanding the Commonwealth law making power to cover international treaties and making that area of the environment a concurrent power
by expanding the state law making power to cover international treaties because the environment is a residual power
by narrowing the meaning of the term ‘external affairs’ and making the environment an exclusive power
State Percentage voting ‘yes’
Western Australia 48%
South Australia 52%
Queensland 77%
New South Wales 40%
Victoria 35%
Tasmania 60%
Australia overall 70%
This referendum was successful
False
True
The 1999 Referendum is an example of the Australian People changing the Constitution
True
False
The 1967 Referendum on for Aboriginal people is an example of the Australian people changing the Constitution. Identify the two changes that were made to the wording in the constitution
Aboriginal people were given the right to vote
Section 127 was removed so that Aboriginal People coule be counted in the population census
Section 51(xxvi) had the words 'other than aboriginal people' was removed so that the Commonwealth Parliament could make laws in relation to Aboriginal people
To change the law so that Aboriginal people were no longer considered flora and fauna and could be counted in the population census
Section 128 of the Constitution outlines the process of
The separation of powers
The representative government
The High Court
A referendum
How did the decision in Brislan's case change the division of law-making powers between the Commonwealth & State Parliaments
It changed the area of law making powers over communication devices from an exclusive power to a residual power
It changed the area of law making powers over communication devices from a residual power to a concurrent power
It changed the area of law making powers over communication devices from a concurrent power to an exclusive power
It changed the area of law making powers over communication devices from a residual power to an exclusive power
The division of law-making powers are residual, concurrent and exclusive. Which two cases through decisions of the High Court have changed the law-making powers from residual to concurrent so that both the states and Commonwealth can make laws in these areas
Brislan's Case
Roach Case
McBain Case
The Franklin Dam Case
What is a referendum
A national vote that changes the government
A survey about national issues
A national vote to change the constitution
The Prime Minister agrees to change the law
The upper House of the Commonwealth Parliament is known as the ________________________
The House of Representatives
The Senate
The Legislative Assembly
The Legislative Council
The lower house of the Commonwealth parliament is ___________________
The House of Representatives
The Senate
The Legislative Assembly
The Legislative Council
The upper house of the Victorian Parliament is the ______________________________
House of representatives
Senate
Legislative Assembly
Legislative Council
The lower house of the Victorian Parliament is the ______________________________
House of representatives
Senate
Legislative Assembly
Legislative Council
The ongoing effects of the decision in the Roach case by the High Court is that to uphold the representative parliament in sections 7 & 24 of the constitution Parliament cannot ban large groups of people form voting
True
False
I have no idea
Through the decision of the High Court in the Franklin Dam case, The Commonwealth will always have the power to make laws in areas that are residual powers so that they can uphold the requirements of an International Treaty
False
True
