Free WACE Politics and Law Flashcard Review

The principle that the executive (Prime Minister and ministers) is drawn from Parliament and holds office only while it keeps the confidence of the lower house; ministers answer to Parliament for their decisions.

The principle that the people elect members of Parliament to make laws on their behalf through free and regular elections; reflected in ss 7 and 24 ('directly chosen by the people').

The distribution of legislative, executive and judicial power among separate branches so no single body holds all power; in Australia it is inferred from Chapters I, II and III of the Constitution.

The executive and legislature are fused because ministers must sit in Parliament (s 64) and the government controls the House; only judicial power is kept strictly separate.

The federal allocation of law-making power between the Commonwealth and the States: exclusive, concurrent and residual powers.

Unwritten rules inherited from the British system, such as the Governor-General acting on ministerial advice, Cabinet government, collective and individual ministerial responsibility, and the Prime Minister being the leader with majority support in the House.

R v Kirby; Ex parte Boilermakers' Society of Australia: the High Court held that a body exercising Commonwealth judicial power cannot also exercise non-judicial (arbitral) power, entrenching a strict separation of judicial power.

A system in which the monarch is head of state but power is limited by a constitution and exercised, by convention, on the advice of elected ministers.

Vests the legislative power of the Commonwealth in a Federal Parliament consisting of the King, a Senate and a House of Representatives.

Provides for a Governor-General appointed by the monarch to be the monarch's representative in the Commonwealth.

The Senate is composed of senators for each State, directly chosen by the people of the State, with equal representation for the Original States.

The House of Representatives is directly chosen by the people of the Commonwealth, with membership as nearly as practicable twice the number of senators (the nexus) and seats distributed by population.

The House of Representatives continues for three years from its first meeting unless dissolved sooner by the Governor-General.

Lists the Commonwealth Parliament's legislative powers (heads of power), most of which are concurrent with the States, e.g. taxation (ii), corporations (xx), marriage (xxi), external affairs (xxix).

Gives the Commonwealth exclusive power over the seat of government, Commonwealth places and departments transferred to the Commonwealth.

The Senate may not originate or amend taxation or appropriation bills (and may not amend ordinary annual services appropriations), but may request amendments; otherwise it has equal power with the House.

The deadlock provision: if the Senate twice fails to pass a bill passed by the House, three months apart, the Governor-General may dissolve both Houses; a joint sitting may follow the election.

Vests the executive power of the Commonwealth in the King, exercisable by the Governor-General, extending to the execution and maintenance of the Constitution and Commonwealth laws.

Establishes the Federal Executive Council to advise the Governor-General in the government of the Commonwealth.

References to the 'Governor-General in Council' mean the Governor-General acting on the advice of the Federal Executive Council.