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WAPolitics and LawQuick questions
Unit 3: Political and Legal Power
Quick questions on The Australian Constitution: WACE Year 12 Politics and Law
2short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is changing the Constitution?Show answer
The Constitution is rigid, meaning it cannot be changed by ordinary legislation. Section 128 sets out the referendum process. A proposed alteration must first be passed by an absolute majority in both houses of federal Parliament (or by one house twice in limited circumstances). It is then put to electors, and to succeed it must achieve a double majority: a national majority of all voters, and a majority of voters in a majority of states (at least four of the six states).
What is interpretation by the High Court?Show answer
The Constitution is also shaped by how the High Court interprets it. Because the text is brief and old, the meaning of heads of power evolves through case law. The Engineers' Case (1920) established that Commonwealth powers should be read broadly according to their natural meaning, ending the earlier doctrine of implied intergovernmental immunities. The Tasmanian Dam Case (1983) confirmed the external affairs power (section 51(xxix)) lets the Commonwealth legislate to give effect to international treaties, dramatically widening federal reach.
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