Social SciencesFreePrintable

Australian Constitution Law Worksheet

A free social sciences worksheet ready for your classroom. Open in Kuraplan to grab the print-ready PDF, customize it for your students, or generate a fresh version in seconds.

Download now

Name:Date:

Australian Constitution Law Worksheet

Read the briefing, then investigate how the Australian Constitution divides power and how the High Court checks whether laws are constitutional. Use evidence from the briefing in your answers.

Briefing: The Communist Party Case

In 1950, the Commonwealth Parliament passed a law that sought to dissolve the Australian Communist Party and restrict the activities of people connected with it. The government argued that the law was needed for national security and relied on the Constitution’s defence power. The party challenged the law in the High Court. In 1951, the High Court ruled that the law was invalid. The Constitution did not give the Commonwealth a general power to ban a political party simply because the government declared it a threat. Parliament’s statements about a danger could not, by themselves, create a constitutional power that was not there. The case showed that the High Court can review laws and that the Commonwealth must act within the powers the Constitution gives it. Australia has a federal system: law-making powers are shared between the Commonwealth and the states. Some subjects, such as defence and currency, are Commonwealth responsibilities. Other subjects, including schooling in many areas, are mainly handled by states. On some subjects both levels can make laws. Under section 109, if a valid Commonwealth law conflicts with a valid state law, the Commonwealth law prevails to the extent of the conflict.

Power-sharing snapshot

Use this table as a quick reference. The examples are simplified: constitutional powers and responsibilities can be complex.

Commonwealth examples

State examples

Defence; currency; immigration

Many aspects of education; hospitals and state roads

Investigate the Constitution

Answer each question using the briefing and your own reasoning.

1.What did the High Court decide about the 1950 law that sought to dissolve the Australian Communist Party?

The law was valid because Parliament had passed it.
The law was invalid because the Constitution did not give the Commonwealth the power to take that action.
The law was valid only in states that agreed with it.
The law was invalid because states alone may make laws about national security.

2.Complete the sentence: The government relied on the Constitution’s power.

3.Complete the sentence: The High Court found that this did not provide a general power to a political party.

4.According to the power-sharing snapshot, which subject is mainly handled by the states?

Currency
Defence
Many aspects of education
Immigration

5.The High Court said that a government declaration alone could create a constitutional power that the Commonwealth did not otherwise have.

TrueFalse

6.Match each constitutional term with its meaning.

Federal system
High Court
Section 109

Australia’s highest court, which can interpret the Constitution and review laws
A system where law-making powers are divided between national and state governments
The rule that a valid Commonwealth law prevails over an inconsistent valid state law

7.In your own words, explain how the High Court acted as a check on Commonwealth power in the Communist Party case.

8.Use the power-sharing snapshot. Name one Commonwealth example and one state example, then explain what the examples show about Australia’s federal system.

9.A valid Commonwealth law and a valid state law give conflicting rules about the same issue. Which rule applies where they conflict, and which section supports your answer?

10.A student says, “If Parliament passes a law for national security, the law must be constitutional.” Do you agree? Use the Communist Party case to support your response.

11.How can sharing power between the Commonwealth and the states help limit overreach? Give one possible benefit and one limitation of this arrangement.