Unit 4 Area of Study 1 - The people and the Australian Constitution
On completion of this unit the student should be able to discuss the significance of High Court cases involving the interpretation of the Australian Constitution and evaluate the ways in which the Australian Constitution acts as a check on parliament in law-making.
Key knowledge
This knowledge includes:
Key skills
These skills include the ability to:
This knowledge includes:
- the roles of the Crown and the Houses of Parliament (Victorian and Commonwealth) in law-making
- the division of constitutional law-making powers of the state and Commonwealth parliaments, including
exclusive, concurrent and residual powers - the significance of section 109 of the Australian Constitution
- the means by which the Australian Constitution acts as a check on parliament in law-making, including:
- 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 Australian Constitution
- the requirement for a double majority in a referendum
- the significance of one High Court case interpreting sections 7 and 24 of the Australian Constitution
- the significance of one referendum in which the Australian people have protected or changed the Australian Constitution
- the significance of one High Court case which has had an impact on the division of constitutional law-making powers
- the impact of international declarations and treaties on the interpretation of the external affairs power.
Key skills
These skills include the ability to:
- define and use legal terminology
- discuss, interpret and analyse legal principles and information
- compare the constitutional law-making powers of the state and Commonwealth parliaments, using examples
- discuss the significance of section 109 of the Australian Constitution
- evaluate the ways in which the Australian Constitution acts as a check on parliament in law-making
- analyse the ability of the Australian people to protect or change the Australian Constitution
- discuss the significance of High Court cases involving the interpretation of the Australian Constitution
- discuss the impact of international declarations and treaties on the interpretation of the external affairs power
- synthesise and apply legal principles to actual scenarios.