12LS - U4 AOS1 KK7 (revision of background concepts)
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Horizontales
C______ powers are law-making powers that are shared between the Commonwealth Parliament and the state parliaments, and thus can be exercised by both parliaments.
E______ powers are law-making powers that have been solely granted to the Commonwealth Parliament under the Australian Constitution, and thus can only be exercised by the Commonwealth Parliament.
A person has s________ if they are directly affected by the law or issues in dispute.
Although parliaments and courts can both make laws, parliament is the s______ law-making body in Australia.
If the Commonwealth Parliament passes a law about a particular area without the power to make laws about that area, the High Court can then declare the law invalid for being u_____ v____ (ie, beyond the scope of the parliament’s law-making powers).
Because parliament is the supreme law-making body, parliament can make a new law or change an existing law (even a common law), if doing so falls within the s_____ of parliament’s law-making powers.
When giving meaning to the words in the Australian Constitution, the High Court can m______, increase or decrease the scope of the law-making powers of the Commonwealth Parliament and the state parliaments.
When the High Court declares an Act invalid, the High Court is acting as a restriction on law-making because it’s reducing the areas of law in relation to which a parliament can make a v_____ Act.
There are three c_______ law-making powers.
The High Court is the only court in Australia that can decide how the Australian Constitution should be interpreted (interpreting the Constitution is within the High Court’s o_______ jurisdiction).
Generally, if the scope of the state parliaments’ law-making powers is i_______, the scope of the Commonwealth Parliament’s law-making powers is decreasing.
Verticales
The only way to change the words of the Australian Constitution is a r_______.
If the Commonwealth Parliament passes a law about a particular area without the power to make laws about that area, the law’s validity can be c_______ in the High Court by a person with standing.
The two main s____ of law are statute law (which is made by parliaments) and common law (which is made by courts).
When the High Court is declaring a state Act invalid, the High Court is acting as a restriction on the state parliament’s l__-m________.
Generally, if the scope of the Commonwealth Parliament’s law-making powers is increasing, the scope of the state parliaments’ law-making powers is d_______.
When the High Court is declaring a Commonwealth Act invalid, the High Court is acting as a r______ on the Commonwealth Parliament’s law-making.
One of the High Court’s main roles is to i_____ the Australian Constitution.
Examples of residual powers include the power to make laws about: (1) criminal law; (2) police; (3) e________; (4) health; and (5) intrastate roads.
R______ powers are law-making powers that were retained by the states during Federation, and thus can only be exercised by state parliaments.
When interpreting the Constitution, the High Court can’t change its words. The High Court can, however, change the m_____ of these words.
Examples of exclusive powers include the power to make laws about: (1) the defence of Australia; (2) Australia’s c_______; and (3) immigration (customs and border protection).
Examples of concurrent powers include the power to make laws about: (1) trade; (2) t______; (3) marriage and divorce; and (4) postal, telegraphic, telephonic and other like services.
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