u4aos1 set 2

• Royal assent


  The last formal step in turning a bill into legislation
• Crown


  • Swears in members of the cabinet
  • Cabinet ministers initiate bills related to their portfolio
• Withhold royal assent


  Rarely happens
• Lower House


  • Initiate bills reflective of the community
  • Where government is formed
  • Provide scrutiny to bills from Upper House
• Upper House


  • House of review for bills from Lower House
  • Senate represents interests of states
  • Can initiate bills (except taxation, government spending)
• Exclusive law-making powers


  Exclusive to Commonwealth, listed in Constitution (e.g. defence, currency)
• Concurrent law-making powers


  Shared between state and Commonwealth, with slight differences in scope
• Residual law-making powers


  Left to the states, not listed in Constitution (e.g. education, road rules)
• High Court has affected the division of law-making powers by expanding and restricting powers when interpreting Constitutional cases
• Section 109 of Australian Constitution


  Resolves inconsistency between state and federal law, with federal law prevailing
• Section 109


  Limits concurrent powers of states to some extent, as states may be hesitant to legislate in concurrent areas
• Section 109


  Inconsistent state law will be in operation without a challenge before the court
• Section 109 only strikes the inconsistent part of state law, not the entire legislation, and does not remove states' residual powers
• Tasmanian Dam Case


  • Commonwealth had power to create world heritage protection law under external affairs power, despite not being an exclusive power
  • Exceptions: residual power maintained by states, international treaty must be 'bona fide', not infringe on 5 express rights
• Bicameral structure of parliament


  • If government holds majority in both houses, upper house can become a 'rubber stamp'
  • Public pressure and risk of not being re-elected are preventatives
• International pressures


  • Pressure from local activists, the UN, other countries to make or not make laws
• Representative nature of parliament


  • Parliament aims to legislate to appease the majority, but MPs may refrain from legislating due to fear of voter backlash
• High Court's role in protecting representative government


  • Restricting Commonwealth's ability to make laws that restrict voting rights
  • Protecting people's ability to freely communicate about politics
• Separation of powers


  • Legislative - power to make laws
  • Executive - power to administer laws
  • Judicial - power to enforce laws and settle disputes
• Express rights protected in Australian Constitution


  • Freedom of religion
  • Free interstate trade and commerce
  • Just terms for property acquisition by Commonwealth
  • Trial by jury for indictable Commonwealth offences
  • No discrimination based on state of residence