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Topic 2: Constitutional Government

9 dot points, in syllabus order. Each dot point has a focused answer, with exam-style questions and worked answers where available.

Should Australia have to follow international human rights law?

Explain how international law and human rights obligations affect Australian law, and evaluate the extent to which Australia should comply with them.

How treaties become part of Australian law, the role of the external affairs power, the influence of international human rights obligations, and whether Australia should be bound by them.

7 min read →

Does the Australian Constitution adequately protect rights?

Explain how rights are protected in the Australian Constitution, including express and implied rights, and evaluate whether the protection is adequate.

The few express rights in the Australian Constitution, the implied freedom of political communication, the absence of a bill of rights, and how case law and statute try to fill the gap.

7 min read →

How does dividing power between institutions protect citizens?

Explain the separation of powers in the Australian Constitution and how it limits the abuse of power.

How the Australian Constitution separates legislative, executive and judicial power, why judicial independence is strongly protected, and how the separation guards against the abuse of power.

6 min read →

How does the Constitution divide power in Australia?

Explain how the Australian Constitution divides power between the Commonwealth and the states and separates power between the arms of government.

How the Australian Constitution divides law-making power between the Commonwealth and the states and separates power among the legislature, executive and judiciary.

8 min read →

How does the High Court interpret the Constitution?

Explain the role of the High Court in interpreting the Constitution and how its decisions have shifted the balance of power.

The High Court's role as the final interpreter of the Australian Constitution, how it resolves disputes about power, and how cases have expanded Commonwealth power over time.

8 min read →

Does a second chamber improve law-making or obstruct it?

Explain the role of the Senate as a house of review and a states house, and evaluate how well it serves contemporary Australia.

Why Australia has a bicameral parliament, the Senate's roles as a states house and a house of review, how proportional voting shapes it, and whether it serves contemporary Australia.

6 min read →

How has the law recognised Aboriginal connection to land?

Explain how Australian law has recognised native title and land rights, and evaluate how well the law protects the rights of Aboriginal and Torres Strait Islander peoples.

The rejection of terra nullius in Mabo, the recognition of native title, the Native Title Act and the Wik decision, and how well Australian law protects Aboriginal and Torres Strait Islander land rights.

7 min read →

Does the High Court have too much power?

Explain the structure, jurisdiction and appointment of the High Court, and evaluate whether it has too much power.

How the High Court is structured under Chapter III, its original and appellate jurisdiction, how its justices are appointed, and whether its power over the Constitution is too great.

7 min read →

How is the Australian Constitution changed?

Explain the referendum process under section 128 and analyse why so few referendums succeed.

The section 128 referendum process for changing the Australian Constitution, the double majority requirement, and the reasons most referendums fail.

7 min read →