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Australian Constitution Fundamentals

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Australian Constitution Fundamentals

Read the source cards, then answer each question. Use evidence from the cards and your knowledge of Australian civics. For Question 8, more than one option is correct.

Source card A: A federation in brief

The Australian Constitution is the legal framework for the Commonwealth of Australia. It came into effect on 1 January 1901, when the colonies became states in the new federation. It establishes the Commonwealth Parliament, executive government and federal courts, and distributes powers between the Commonwealth and the states. Section 51 lists many subjects on which the Commonwealth Parliament may make laws, such as trade and taxation. Powers not given exclusively to the Commonwealth generally remain with the states. Some subjects can be legislated on by both levels; if a valid Commonwealth law and a state law conflict, section 109 says the Commonwealth law prevails to the extent of the inconsistency.

Source card B: Three roles in government

The Constitution provides for the Commonwealth Parliament, the Executive Government and the federal judicature. Parliament debates and passes laws. The Executive, including the Governor-General acting on ministerial advice, ministers and government departments, administers laws and public policy. Courts decide cases and interpret laws, including the Constitution. In practice, Australia’s system does not keep the three functions completely separate: for example, ministers are members of Parliament, while courts remain independent when deciding cases.

Source card C: Courts and constitutional change

The High Court can determine whether a law is within the law-making power of the government that made it. In Koowarta v Bjelke-Petersen (1982), the High Court upheld the validity of the Racial Discrimination Act 1975 (Cth), finding that the Commonwealth could rely on its external affairs power in section 51(xxix) to implement an international treaty. A referendum to alter the Constitution must be passed by a double majority: a majority of voters nationally and a majority of voters in a majority of states. The 1967 referendum changed provisions concerning Aboriginal people and the census; it did not itself grant voting rights, which had already been extended to Aboriginal people in Commonwealth elections in 1962.

Understand the framework

Use Source cards A and B for Questions 1–4.

1.Which statement best describes the main purpose of the Australian Constitution?

It lists every law that applies in Australia.
It establishes the structure of government and sets limits and distributions of government power.
It gives the Prime Minister unlimited authority.
It is a complete record of Australian history.

2.State the date the Constitution came into effect and explain what happened at that time.

3.In your own words, explain federalism. Name the two levels of government involved in Australia’s federal system.

4.Match each government role to its main function.

Parliament
Executive Government
Courts

Administers laws and public policy
Makes and debates laws
Decide cases and interpret laws

Apply the rules

Use Source cards A and C for Questions 5–8.

5.A state law and a valid Commonwealth law both cover the same issue, but their requirements conflict. Which rule in the Constitution applies, and what happens to the state law?

6.At an aquarium, Oliver proposes a Commonwealth law about an issue that is not listed among the Commonwealth Parliament’s powers. What is the strongest constitutional concern, based on Source A?

The Commonwealth Parliament may make any law it considers useful.
The Commonwealth needs a constitutional source of power for the law; otherwise, the subject generally remains for the states.
The High Court must write the law before Parliament can debate it.
The states have no law-making powers once a Commonwealth law is proposed.

7.What was the significance of Koowarta v Bjelke-Petersen (1982) for Commonwealth law-making power?

8.Select all the accurate statements about changing the Constitution and the 1967 referendum.

A referendum alteration needs a national majority and a majority in a majority of states.
A national majority alone is enough to pass a constitutional alteration.
The 1967 referendum changed constitutional provisions concerning Aboriginal people and the census.
The 1967 referendum first gave Aboriginal people the right to vote in Commonwealth elections.

Evaluate and explain

Give reasons for your answers. Refer to the source cards where useful.

9.Jai says, “The separation of powers means Parliament, the Executive and the courts never overlap.” Is Jai’s description accurate? Explain your judgement with one example.

10.Explain one way the Constitution supports accountability or limits government power. Include a specific constitutional feature and how it works.