REVISION+SHEET+-+Constitution+1

REVISION SHEET - CONSTITUTION 1

= //** __Division of law-making power__ **// = 1 Explain the different types of law-making powers. 2 Explain, using examples, the difference between exclusive powers and concurrent powers. 3 How are some of the law-making powers given to the Commonwealth Parliament in S51, made exclusive to the Commonwealth Parliament? 4 Explain the relevance of S109 to the division of law-making power between the Commonwealth and state parliaments.

// __Restrictions on state and Commonwealth power__ // 1 What section (or sections) of the Commonwealth Constitution is (are) relevant to the states being prevented from coining their own money? Explain. 2 Explain two restrictions on Commonwealth powers. 3 To what extent are state parliaments supreme law-making bodies? Discuss in relation to the restrictions on state parliaments.

// __Changing the words of the Constitution__ // 1 What is a referendum? 2 Why do you think, at the time of federation, it was thought necessary for referendums to be agreed to by a majority of all Australian voters as well as a majority of voters in a majority of states? 3 What are the two voting requirements for a referendum to be successful? 4 Explain the process of bringing about a change in the Constitution, using the 1999 referendum to illustrate the points made. 5 Explain the impact of successful constitutional referendums, using one example to illustrate.

// __Factors affecting the likely success of referendum proposals__ // 1 Why do you think a majority of Australian voters have voted yes to some referendum proposals but these proposals have not been passed? 2 Explain some strengths and weaknesses of the process of changing the Constitution

Factors affecting the likely success of referendum proposals 1 ‘There have only been eight successful constitutional referendums out of 44.’ Why do you think this is the case? Discuss four factors that affect the likely success of referendum proposals. In your discussion, provide examples to illustrate points made. 2 Analyse the method of changing the wording in the Constitution. In your analysis discuss at least three strengths and three weaknesses of the process.

// __Indigenous people referendum__ // 1 What questions were put to the Australian people in the 1967 referendum relating to Indigenous people? 2 How did this referendum change the division of law-making powers between the states and the Commonwealth? // __The role of the High Court__ // 1 Which section of the Constitution gave the Commonwealth Parliament the power to establish the High Court? 2 How can the High Court be seen as the guardian of the Constitution? 3 Is the High Court able to change the words in the Constitution? Explain. 4 If the Commonwealth Parliament passes an act that is thought to be outside its powers, what must happen before the High Court can make a ruling on this? 5 ‘The High Court is not able to change the division of law-making powers between the state parliaments and the Commonwealth Parliament when the need arises.’ To what extent is this statement true? Explain. 6 Has the Commonwealth mostly benefited as a result of changes in the division of law- making powers?

// __Referral of power__ // 1 What types of powers can be referred to the Commonwealth? 2 Why do you think the states might decide to refer their law-making powers to the Commonwealth? Use an example to illustrate your answer. 3 What has to occur for the states to refer their law-making power to the Commonwealth? 4 In 2003 the states referred powers to the Commonwealth regarding acts of terrorism. How might this have been a consequence of the attack on the twin World Trade Center towers in New York? Discuss. 5 Discuss the advantages and disadvantages of the capacity of the states to refer their powers to the Commonwealth Parliament. 6 What uncertainties exist with respect to the referral of powers?

// __General Questions__ // 1 a Explain, using examples, the distinction between the exclusive powers of the Commonwealth, the concurrent powers of the Commonwealth and the states, and the residual powers of the states. (6 marks) b One of the roles of the High Court is to interpret the Constitution. Discuss the significance of two High Court cases that have interpreted the Constitution. Explain the impact these two cases have had on the division of law-making powers between the states and the Commonwealth. (6 marks) c The states have referred their law-making power to the Commonwealth Parliament in relation to ex-nuptial children in family law matters. Explain how this process occurred. Discuss the strengths and weaknesses of this method of changing the division of law- making power between the states and the Commonwealth parliaments compared to another method of achieving this aim. (8 marks) d Explain the method of changing the words of the Commonwealth of Australia Constitution Act 1900 (UK). Use an example in your explanation. (6 marks) 2 a To what extent are the supreme law-making powers of the Commonwealth Parliament restricted by the Commonwealth Constitution? Discuss. (6 marks) b Analyse the impact on the law-making powers of state and Commonwealth parliaments of: • changing the words of the Commonwealth of Australia Constitution Act 1900 and • High Court interpretations of the Constitution. illustrate your answer using an example of each. (8 marks)