Topic 2 Test Revision.docx - Topic 2 Test Revision...

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Topic 2 Test Revision Wednesday, 18 March 2015 8:46 PM Australian federal System Historical Background Consists of 3 tier- federal state and local Has only existed in this form since January 1 1901 which was the date of federation Before that the 6 six states were separated each with its own parliament, government and courts. They then united to form the commonwealth of Australia The nations capital was located in Melbourne up until 1926 but then moved to Cnaberra. Federal Structure (leave out Territory Tier) The federal structure of Australia starts with: The Federal Tier-The three primary institutions of our system of governance are located in the nations capital, Canberra. These institutions have the power to make laws that are uniform for the whole country as permitted by the Constitution. The State Tier- Each state also has the 3 primary institutions of government with the power to enforce laws within their jurisdiction Local Tier- Allowed to make and enforce laws within their own geographical area but cannot resolve disputes which is left to the judicial arm of government. Constitutional Government Features of the Australian federation By 1900 each Australian colony had agreed on the creation of the Commonwealth od Australia. The Commonwealth of Australia Constitution Act 1900 (UK) was an act passed to outline the main features of the Australian federal system. Division of Powers- The legalistive power-sharing arrangements between Commonwealth, states and territories. Judicial Review- Australia's most superior court, the High Court of Australia is to hear constitutional disputes. Constitutional alteration- Only way to change the wording of the Constitution is by the referendum process which is done by the use of a secret ballot. Division of Powers Is the allocation of legislative law making powers between the Commonwealth and the states. Legislative Power The constitutional powers the Commonwealth, state or territories must have to make a valid law. Tom Wagner 11.6
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Intra vires is when parliament makes a valid law to the constitution whereas ultra vires is when it makes a law it does not have the relative power to make according the to the Constitution. Statute Laws If a parliament makes a law that is ultra vires they can be challenged into the High Court. Commonwealth Power v State Power Commonwealth's Power and State Power are the two basic components legislative power can be divided into in Australia. Specific Power- the legislative powers that are expressly written in the Australian Constitution and are the Commonwealth's powers. Specific power is further categorised as being: Exclusive Power- specific powers that only the commonwealth can exercise e.g.
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  • One '14
  • Government, Separation of Powers, Parliament, Governor General, Tom Wagner

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