Unit 4: The people, the law and reform

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

How does section 109 of the Constitution resolve inconsistency between Commonwealth and state laws?

section 109 of the Australian Constitution and its significance for the division of powers

Section 109 of the Constitution. Covers the three forms of inconsistency, the consequence (invalidity of the state law to the extent of inconsistency), and the leading cases including the Engineers Case and Commonwealth v Australian Capital Territory (2013).

6 min read →

How does the doctrine of precedent shape lawmaking, and how do courts and parliament interact?

the doctrine of precedent and the relationship between courts and parliament in lawmaking

Doctrine of precedent. Covers stare decisis, ratio decidendi and obiter dicta, the techniques of distinguishing, reversing, overruling and disapproving, and the dialogue between parliament and the courts.

6 min read →

How does the Constitution protect rights in Australia?

the express rights in the Constitution and the implied freedom of political communication

Constitutional rights protection. Covers the five express rights (ss 41, 51(xxxi), 80, 116, 117) and the implied freedom of political communication established in Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106 and Lange v ABC (1997) 189 CLR 520.

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What factors affect the ability of parliament to make law?

the factors that affect the ability of parliament to make law (the bicameral structure, the representative nature of parliament, and political pressures)

Factors that affect parliament's ability to make law. Explains the bicameral structure, the representative nature of parliament and political pressures, and how each can both strengthen and limit lawmaking, with Australian examples.

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How do courts interpret statutes and what is the effect on law?

the role of statutory interpretation by the courts

Statutory interpretation. Covers the purposive approach mandated by Interpretation of Legislation Act 1984 (Vic) s 35, the Acts Interpretation Act 1901 (Cth), intrinsic and extrinsic materials, and leading cases.

5 min read →

How does the High Court protect rights and check the division of powers?

the role of the High Court in interpreting the Constitution, protecting rights and checking the division of powers

Role of the High Court. Explains how the High Court interprets the Constitution, acts as the guardian of the Constitution, protects rights, and checks the division of powers, with leading cases including the Engineers Case, the Tasmanian Dam case and Roach v Electoral Commissioner.

6 min read →

How can the words of the Australian Constitution be changed?

the process of changing the words of the Constitution through a referendum under section 128 and factors affecting its success

Changing the words of the Australian Constitution. Explains the section 128 referendum process, the double majority requirement, the factors that affect whether a referendum succeeds, and real examples including the 1967 referendum and the 1999 republic referendum.

6 min read →