The Role of the Crown in Australia
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Questions and Answers

What is one of the primary roles of the Governor-General in the law-making process?

  • To create laws independently of Parliament
  • To approve all legislation without consultation
  • To appoint a Prime Minister in a hung parliament (correct)
  • To serve as the head of the opposition

    • Which powers are defined as shared by both the Commonwealth and state parliaments?

  • Concurrent powers (correct)
  • Residual powers
  • Prohibited powers
  • Exclusive powers

    • What is a characteristic of exclusive powers?

  • They can be legislated by both state and Commonwealth parliaments
  • They belong solely to the state parliaments
  • They are defined in the Constitution for the Commonwealth only (correct)
  • They are residual and not clearly defined

    • What is the role of the Governor in state parliaments regarding delegated legislation?

    <p>To approve regulations made by subordinate authorities</p> Signup and view all the answers

    Which example illustrates the use of concurrent powers?

    <p>Collecting income tax by both Commonwealth and state authorities</p> Signup and view all the answers

    What is a function of the Senate as the House of Review?

    <p>To ensure laws passed by the House of Representatives are scrutinized</p> Signup and view all the answers

    How often has the Governor-General dismissed a Prime Minister who lost the confidence of Parliament?

    <p>Once, in 1975</p> Signup and view all the answers

    What type of powers includes those not specifically listed in the Constitution and belong to the states?

    <p>Residual powers</p> Signup and view all the answers

    What is the consequence of a state law being inconsistent with a Commonwealth law under Section 109?

    <p>The state law is invalid to the extent of the inconsistency.</p> Signup and view all the answers

    Which of the following powers does Section 109 apply to?

    <p>Concurrent powers only.</p> Signup and view all the answers

    If a Commonwealth law is abrogated, what happens to an inconsistent state law?

    <p>It will then come into force and effect.</p> Signup and view all the answers

    Which statement correctly reflects the role of Section 109 in Australian law-making?

    <p>It resolves conflicts by ensuring Commonwealth laws prevail.</p> Signup and view all the answers

    Which body has the authority to determine if there is an inconsistency between Commonwealth and state legislation?

    <p>The High Court.</p> Signup and view all the answers

    How does Section 109 act as a limitation on state parliaments?

    <p>By constraining them from passing inconsistent laws in areas shared with the Commonwealth.</p> Signup and view all the answers

    Why is Section 109 significant for areas of concurrent power?

    <p>It provides a mechanism for resolving legislative conflicts.</p> Signup and view all the answers

    What happens if both state and Commonwealth laws do not conflict?

    <p>Both laws can operate simultaneously.</p> Signup and view all the answers

    What is one of the roles of the Commonwealth Parliament?

    <p>Making laws on matters within its constitutional authority</p> Signup and view all the answers

    How does the Senate function as a house of review?

    <p>By examining and suggesting amendments to legislation proposed by the House of Representatives</p> Signup and view all the answers

    Which statement best describes the structure of the Victorian Parliament?

    <p>It is a bicameral system consisting of the Legislative Assembly and the Legislative Council.</p> Signup and view all the answers

    What defines concurrent powers between the Commonwealth and the states?

    <p>Powers that both levels of government can exercise simultaneously</p> Signup and view all the answers

    What characterizes exclusive powers in the context of the Commonwealth Parliament?

    <p>Powers that only the Commonwealth can exercise, without state interference</p> Signup and view all the answers

    What is a major weakness of the separation of powers in practice?

    <p>The legislative and executive powers are often combined.</p> Signup and view all the answers

    What is a significant factor that affects judicial independence?

    <p>Judges are appointed by the executive branch.</p> Signup and view all the answers

    How does the independence of the judiciary benefit the legal system?

    <p>It ensures decisions can be made without fear of political backlash.</p> Signup and view all the answers

    Study Notes

    The Role of the Crown

    • The Crown is represented in Australia by the Governor-General (GG) in the Commonwealth Parliament and by the Governor in State Parliament.
    • The GG and Governors are appointed by the British monarch.

    The Role of the Governor-General and Governor in Law Making

    • The GG and Governor can appoint a Prime Minister/Premier in a hung parliament.
    • The GG and Governor can dismiss a Prime Minister/Premier who has lost the confidence of Parliament. This occurred in 1975 when the GG dismissed the Whitlam government.

    The Executive Council

    • The GG establishes the General Executive Council, consisting of the GG, Prime Minister, and senior ministers.
    • The Governor establishes the State Executive Council, consisting of the Governor, Premier, and senior state ministers.
    • The Executive Councils approve delegated legislation, which are regulations made by subordinate authorities like government departments.

    Division of Powers

    • The Commonwealth Parliament has exclusive powers, specific powers, and concurrent powers.
    • State Parliaments have residual powers and concurrent powers.
    • The Commonwealth Parliament's powers are outlined in the Australian Constitution.
    • The State Parliaments' powers are outlined in their respective state constitutions.

    Residual Powers

    • These powers were not specifically given to the Commonwealth in the Constitution.
    • They are left to the states.
    • Examples include: education, health, and policing.

    Specific Powers

    • These are powers specifically given to the Commonwealth in the Constitution, but not exclusive.
    • An example is the power to make laws relating to corporations.

    Exclusive Powers

    • These are powers that can only be exercised by the Commonwealth government.
    • These are listed specifically in the Constitution.
    • Examples include: defence, external affairs, and currency.

    Concurrent Powers

    • These are shared powers between the Commonwealth and state parliaments.
    • Both the Commonwealth and states can make laws in these areas.
    • Examples include: taxation, marriage, and trade.

    Section 109: Avoiding Conflict Between State and Commonwealth Law

    • The Australian Constitution includes Section 109, which states that Commonwealth law will prevail over any state law that is inconsistent with it, in areas of concurrent power.
    • This prevents overlap and conflict between state and Commonwealth law.
    • For example, the Commonwealth Marriage Act 1961 made the Victorian Marriage Act 1958 invalid as the state legislation was inconsistent with Commonwealth legislation.

    Separation of Powers

    • This refers to the division of power between the three branches of government: the legislature, executive, and judiciary.
    • This system is designed to prevent any one branch from becoming too powerful.

    Legislative Power

    • Parliament makes the laws.
    • The judiciary can declare laws invalid.

    Executive Power

    • The executive branch administers and enforces the laws.
    • This branch includes the government, public service, and law enforcement agencies.

    Judicial Power

    • The judiciary interprets and applies the laws.
    • The High Court is the highest court in Australia.
    • The High Court can strike down laws made by the legislature if they are found to be inconsistent with the Constitution.

    The Interconnection Of The Legislature and Executive Power

    • The legislative and executive branches of government are interconnected.
    • The Prime Minister and Cabinet, who make up the executive government, are members of Parliament, which makes up the legislature.
    • This means that the executive government is accountable to Parliament.

    The Importance of Separation of Powers

    • The separation of powers is a check and balance that ensures any branch of government does not become too powerful, and that the government is accountable to the people.
    • It prevents tyranny.

    Strengths and Weaknesses of the Separation of Powers

    • Strength: The judiciary is independent of the legislature and executive, ensuring that decisions about the law are made without fear of political influence.
    • Strength: Parliament is the supreme law-making body.
    • Weakness: The legislative power and executive power are combined in practice, decreasing the ability of the separation of powers to act as a check.
    • Weakness: Judges are appointed by the executive, which might lead to the perception that judges are influenced by the executive branch.

    Key Note

    • The Australian Constitution does not establish the separation of powers at a state level. This is established under each state's constitution.

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    Description

    Explore the crucial roles of the Governor-General and Governors in Australia’s political system. This quiz addresses their powers in law-making, appointment of leaders, and the function of the Executive Council. Test your knowledge on these essential aspects of Australian governance.

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