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Chapter 11 - Checks on Parliament in Law Making | |
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Checks on Parliament in Law-Making
Although parliament is the supreme law-making body in Australia, it does not hae absolute power. The Australian Consitution prevent this by providing checks on parliament when it comes to law-making.
There are five key means by which the Australian Constitution acts as a check on parliament in law-making:
There are five key means by which the Australian Constitution acts as a check on parliament in law-making:
- the bicameral structure of the Commonwealth Parliament
- the separation of the legislative, executive and judicial powers
- the express protection of rights
- the role of the high court in interpreting the constitution
- the requirement for a double majority in a referendum
The Bicameral Structure of the Commonwealth Parliament
Section 1 of the Constitution requires the Commonwealth Parliament to have two houses (bicameral)
Section 7
requires the Senate to be composed of an equal number of elected members from each state which are to be directly chosen by the people for a term of 6 years.
Section 24
requires the House of Representatives to be composed of members directly chosen by the people
Section 28
states that every House of Reps shall continue for three years (but may be dissolved sooner by the Governer General)
Section 7
requires the Senate to be composed of an equal number of elected members from each state which are to be directly chosen by the people for a term of 6 years.
Section 24
requires the House of Representatives to be composed of members directly chosen by the people
Section 28
states that every House of Reps shall continue for three years (but may be dissolved sooner by the Governer General)
The Separation of Powers
The separation of powers prevents power from being concentrated in one set of hands and helps to protect individual rights by providing checks and balances on the power of the parliaemnt. No one body can make law, adminster law and also rule on its legality.
The Express Protection of Rights
An express right (also known as an explicit right) is a right that is specificially listed in a document or the Constitution.
The Constitution contains FIVE express rights:
The Constitution contains FIVE express rights:
- the right to freedom of religion (S116)
- right right to free interstates trade and commerce (S92)
- the right to receive 'just terms' when property is acquired by the Commonwealth (Section 51(xxxi))
- the right to trial by jury for indicatable Commonwealth offence (S80)
- the right not to be discriminated against on the basis of the state where you reside (S117)
The Role of the High Court in Interpreting the Australian Constitution
The High Court was established under Section 71 of the Constitution
Section 76 gives the Commonwealth Parliament the power to provide the High Court with the jurisdiction to hear disputes arising under the Constitution or involving its interpretation.
The Role of the High Court:
Section 76 gives the Commonwealth Parliament the power to provide the High Court with the jurisdiction to hear disputes arising under the Constitution or involving its interpretation.
The Role of the High Court:
- Acts as guardian of the Constitution
- Acts as a check on any abuse of power
- Gives meaning to the words