Australian Constitutional Law

What is the main purpose of the Australian Constitution?

What is the main function of the Legislative branch in the Australian government?

What is the purpose of Section 92 of the Australian Constitution?

What is the process by which the Australian Constitution can be amended?

What is the role of the High Court of Australia in relation to the Constitution?

What is the main principle guiding the High Court's interpretation of the Constitution?

What is the primary purpose of the doctrine of stare decisis in the Australian legal system?

Which court is the highest in the Australian judicial system?

What is the ratio decidendi in a judicial decision?

What is the purpose of obiter dicta in a judicial decision?

What is the primary function of law reports in the Australian legal system?

What is the purpose of citation in the Australian legal system?

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.