exam politics and law.docx - Chapter 1 – Structure and Power 1 Legislative executive jucidial powers(w reference to Constitution and comparison with

exam politics and law.docx - Chapter 1 – Structure and...

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Chapter 1 – Structure and Power 1. Legislative, executive, jucidial powers (w/ reference to Constitution and comparison with another system) 1: Legislative Power - Section 1 – Legislative Power Legislative power of the Commonwealth consists of the Queen, the House of Representatives and the Senate in the Federal Parliament - Section 2 - The Queen - Represented by The Governor General, who may exercise the powers and functions of the Queen (as assigned to them) - Section 7 - The Senate - Composed of Senators for each state, directly chosen by the people of the state used with S. 24 to justify rights to representative government: Right to vote/speech/association, 6 senators for each state (until the parliament otherwise provides) Equal representation of the Original States shall be maintained Terms of 6 years - Section 15 - Casual vacancies If a Senate seat (representing a state) becomes vacant, a joint sitting of the respective state's parliament chooses a replacement If not in sitting, the Governor of the state (on the advice of the state executive council) may make the appointment - Section 24 - Constitution of House of Representatives Composed of members directly chosen by the people Used with S. 24 to justify rights to representative government: Right to vote/speech/association - Section 28 - Duration of House of Representatives Terms shall continue for no longer than 3 years from the first meeting of the House May be dissolved by the Governor General - Section 32 - Writs for general election Governor-General (in Council) may cause writs to be issued for elections of members of the HoR Within 10 days from the expiry of a House or from the proclamation of a dissolution - Section 51 - Legislative powers of the Parliament Power to make laws for the peace, order and good government of the Commonwealth with respect to: Concurrent: Both federal and state levels and legislate, but federal law prevails when inconsistent (Section 109) examples include, education, health - Section 52 - Exclusive powers of the Parliament Exclusive powers to make laws with respect to: States cannot legislate on these subjects, eg. Defence, foreign affairs, overseas tradeChapter II: Executive Government
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2: Executive Power - Section 61: Executive power Executive power is vested in the Queen, exercisable by the Governor-General Extends to the execution and maintenance of the Constitution and of the laws of the Commonwealth - Section 62: Federal Executive Council Federal Executive Council shall advise the Governor-General in the government Members shall be chosen and sworn in by the GG They shall hold office during the GG's pleasure 3: Judicial Power - Section 71 - Judicial power and Courts Judicial power shall be vested in the High Court of Australia and in other federal courts that the parliament creates Shall consist of a Chief Justice and at least 2 other Justices, and any more as the parliament prescribes - Section 72 - Judges' appointment, tenures and remuneration
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  • Fall '18
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