12 Questions
What is the main purpose of the Australian Constitution?
To set out the framework of government and the powers of the Commonwealth
What is the main function of the Legislative branch in the Australian government?
To make the laws
What is the purpose of Section 92 of the Australian Constitution?
To guarantee freedom of interstate trade and commerce
What is the process by which the Australian Constitution can be amended?
Through a referendum, which requires a majority of votes in a majority of states
What is the role of the High Court of Australia in relation to the Constitution?
To interpret the Constitution
What is the main principle guiding the High Court's interpretation of the Constitution?
The principles of the literal rule, the golden rule, and the mischief rule
What is the primary purpose of the doctrine of stare decisis in the Australian legal system?
To ensure consistency and predictability in the application of the law
Which court is the highest in the Australian judicial system?
High Court of Australia
What is the ratio decidendi in a judicial decision?
The reason or principle underlying a judicial decision
What is the purpose of obiter dicta in a judicial decision?
To offer a persuasive but non-binding opinion
What is the primary function of law reports in the Australian legal system?
To publish records of court judgments, including the facts, arguments, and decision
What is the purpose of citation in the Australian legal system?
To refer to a previous judgment as authority for a legal principle
Study Notes
Constitutional Law
Key Features of the Australian Constitution
- Written constitution that sets out the framework of government and the powers of the Commonwealth
- Divided into eight chapters, covering topics such as the Parliament, the Executive, and the Judiciary
- Enacted in 1900, and came into effect on January 1, 1901
The Separation of Powers
- Division of power between the three branches of government:
- Legislative (Parliament): makes the laws
- Executive (Government): enforces the laws
- Judiciary (Courts): interprets the laws
The Federal System
- Division of power between the Commonwealth and the six states
- Commonwealth has power over matters such as trade, commerce, and foreign affairs
- States have power over matters such as education, health, and police
Key Provisions of the Constitution
- Section 1: The legislative power of the Commonwealth is vested in the Parliament
- Section 51: The Constitution sets out the powers of the Commonwealth, including the power to make laws on matters such as trade, commerce, and taxation
- Section 92: The Constitution guarantees freedom of interstate trade and commerce
- Section 109: The Constitution provides for the resolution of conflicts between Commonwealth and state laws
Constitutional Interpretation
- The High Court of Australia has the power to interpret the Constitution
- The Court's decisions are binding on all other courts in the Australian legal system
- The Court's interpretations are guided by principles such as the literal rule, the golden rule, and the mischief rule
Constitutional Amendments
- The Constitution can be amended through a referendum, which requires a majority of votes in a majority of states
- Amendments must be approved by the Australian people before they can be made
- The process of amendment is designed to ensure that changes to the Constitution are carefully considered and widely accepted
Test your knowledge of the Australian Constitution, including its key features, the separation of powers, the federal system, and constitutional interpretation and amendments. Learn about the powers of the Commonwealth and the states, and how the Constitution has been interpreted and amended over time.
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