Activity 8k
The external affairs power, international declarations and treaties – an evaluation 1. Arguments in support of the broad interpretation of the external affairs power include: The broad reading given by the Court enables the Australian Constitution to endure over time and stay relevant to a changing society. The broad reading given by the High Court […]
Activity 8j
The external affairs power, international declarations and treaties – an evaluation 1. In 1983 (in his decision on the Tasmanian Dams Case) Justice Murphy said that the use of the external affairs power will be increasingly unexceptional or unextraordinary but will become “a regular way in which Australia will harmonise its internal order with the […]
Activity 8i
The external affairs power, international declarations and treaties The Commonwealth legislated regarding airplanes that only flew within the borders of one state, because the Imperial Crown had ratified the Paris Convention for the Regulation of Aerial Navigation 1919. In R v Burgess, the High Court decided that a treaty makes the subject matter of the […]
Activity 8h
The Treaties Ratification Bill 2012 1. Bob Katter introduced a bill that would require any treaty to be approved by both houses of federal parliament before the Governor-General would be able to ratify (approve) it. 2. If the Treaties Ratification Bill had passed, it would have given much of the power to formally enter into […]
Activity 8g
Evaluation of the High Court interpretation of the division of powers 1. Arguments in support of the High Court interpretation of the division of powers include: Broad readings given by the High Court enable the Australian Constitution to endure over time and stay relevant to a changing society. Narrow readings of federal powers reassure the […]
Activity 8f
The significance of one High Court case which has had an impact on the division of constitutional law-making powers Name of case: the Brislan case(R v Brislan; Ex parte Williams (1935)) Relevant legislation Facts of the case Legal issue Outcome Impact Wireless Telegraphy Act 1905 (Cth.) The Commonwealth passed the Wireless […]
Activity 8e
Evaluation of changing or protecting the Australian Constitution through referendum 1. Arguments in support of changing or protecting the Constitution through referendum include: The double majority provision ensures that any proposal that succeeds will be supported by the vast majority of groups across the country. Referenda is the only process that has the power to […]
Activity 8d
The significance of one referendum in which the Australian people have protected or changed the Australian Constitution Name of referendum: Communist Party referendum Original wording and provisions of the Constitution The change and wording that was proposed Outcome Factors that may have impacted on its success or failure Impact Section 51 grants legislative […]
Activity 8c
Successful and unsuccessful referendums This referendum would have been successful. A majority of voters nationwide supported the proposal, as well as a majority of voters in a majority of states. This referendum would not have been successful. A majority of voters nationwide supported the proposal, but not a majority of voters in a majority […]
Activity 8b
Evaluation of the interpretation of sections 7 and 24 by the High Court 1. Arguments in support of the High Court interpreting sections 7 and 24 of the Australian Constitution include: Representative government provides fairly broad guarantees that the Commonwealth, the states, the territories and even local government will not abuse the democratic rights of […]