Activity 7u
Implied rights 1. The federal law restricting political advertising in the six months before a federal election was found by the High Court to be unconstitutional in 1992 because sections 7 and 24 of the Australian Constitution provide for the election of the upper and lower houses of federal parliament, and the Court found that […]
Activity 7t
Evaluation of providing interpreter services 1. Alqudsi had requested to be tried by judge only as is permitted under NSW criminal law. He argued that the word ‘shall’ in section 80 of the Australian Constitution did not stop a court from allowing the defendant to not have a jury. He also argued that section 80 […]
Activity 7s
New South Wales bikie gangs laws 1. New South Wales’ bikie gang laws allowed the state’s Commissioner of Police to request a Supreme Court judge to declare any bikie gang a “criminal organisation” if she or he was satisfied that the members of the group were involved in serious criminal activity and represented a “risk […]
Activity 7r
Evaluation of providing interpreter services 1. The Military Court operated as part of the executive as the military ‘judges’ were not independent of government – they were responsible for conducting thebusiness of government. 2. The Military Court operated as part of the judiciary as the military ‘judges’ wereresponsible for judgingoffences in relation to members of […]
Activity 7q
Evaluation of the significance of section 109 of the Australian Constitution 1. The significant restrictive impact that section 109 can have on state law includes: concurrent powers make up the majority of the Commonwealth’s powers, and s109 applies to all concurrent powers. the fear of losing a case on the basis of existing precedent can […]
Activity 7p
The McBain Case 1. From McBain’s perspective, the Victorian lawthat stated that a woman had to be married or ina de facto relationship to access IVF treatment was inconsistent with the Commonwealth legislation that made it unlawful to deny a person a service such as IVF treatment on thebasis of their marital status.As a doctor, […]
Activity 7o
The original intention for residual powers According to Greg Craven, the founders of the Australian Constitution intended to protect the powers of the states by conferring strictly limited powers upon the Commonwealth. This meant that, even if the central government did want to invade the spheres of the States, it would be prevented from doing […]
Activity 7n
What powers should be allocated to the new national parliament? Sir Henry Parkes believed that law-making powers such as defence, tariffs and trade issues should be given to the federal parliament. Parkes and Deakin believed that some law-making powers should be taken away from the colonies as they could not be effectively managed by […]
Activity 7m
Comparison of the roles played by the Crown and the Houses of Parliament 1. The task word ‘compare’ means to point out both similarities and differences. Students should note that similarities and differences cannot be merely implied or suggested by two independent sentences – even if the two independent sentences are technically connected by a […]
Activity 7l
Reserve powers and the 1975 Dismissal Sir John Kerr exercised his power to dismiss a prime minister who had lost the confidence of parliament. Sir John Kerr stated that he had the authority and the duty under the Constitution to withdraw Whitlam’s Commission as Prime Minister, because the Prime Minister was not able to […]