Unit 3: Political and Legal Power

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

How does the Constitution divide law-making power between the Commonwealth and the states?

Explain the division of powers in the Australian federation and analyse how section 109 resolves inconsistency

Division of powers. Covers exclusive, concurrent and residual powers, section 51 heads of power, section 109 inconsistency, and what federalism means for Western Australia.

6 min read →

How does a bill become law and why does Parliament delegate law-making power?

Explain the stages of the legislative process and analyse the use and control of delegated legislation

Law-making. Covers the passage of a bill through both houses, the role of the Senate as a house of review, and why and how delegated legislation is made and scrutinised.

6 min read →

How does the separation of powers protect against the concentration of power in Australia?

Explain the doctrine of the separation of powers and analyse how strictly it operates in the Australian system

Separation of powers. Covers the three branches, why the legislature and executive overlap under responsible government, the strict separation of judicial power, and the Boilermakers' Case.

6 min read →

How do the rule of law and constitutionalism limit the exercise of political and legal power in Australia?

Explain the principles of the rule of law and constitutionalism and assess how they constrain government power in Australia

Rule of law and constitutionalism. Covers Dicey's principles, equality before the law, the supremacy of the Constitution, and how the Communist Party Case applied these ideas to limit Commonwealth power.

6 min read →

How does Australia's Westminster system differ from a non-Westminster system such as the United States?

Compare the distribution and exercise of political and legal power in Australia with one non-Westminster system

WACE Politics and Law dot point requiring comparison with a non-Westminster system. Compares Australia's fused responsible government with the United States presidential system, covering the executive, separation of powers and rights protection.

6 min read →

How does the Australian Constitution structure and limit political and legal power?

Analyse the role of the Australian Constitution in dividing power, distributing authority and enabling change

Australian Constitution. Covers the division of powers, the structure of the document, section 128 referendums and how the High Court interprets it.

8 min read →

How do the parliament and the executive make and implement law in Australia?

Examine the relationship between the parliament and the executive and the operation of responsible government

Parliament and the executive. Covers responsible government, the law-making process, the Senate as a house of review and executive accountability.

8 min read →

Why has power shifted from the states to the Commonwealth since federation?

Analyse the factors that have changed the balance of power between the Commonwealth and the states and evaluate their significance

Changing federal balance. Covers High Court interpretation, the uniform tax scheme, section 96 tied grants, vertical fiscal imbalance and referrals of power, with cases such as the Tasmanian Dam and WorkChoices.

6 min read →

How do Australian elections translate votes into representation and political power?

Analyse the electoral systems used in Australia and how they shape representation and the formation of government

Elections and representation. Covers preferential and proportional voting, the House and Senate systems, and how votes become seats and governments.

8 min read →

How does the High Court interpret the Constitution and why does its approach matter?

Analyse the methods the High Court uses to interpret the Constitution and evaluate the impact of landmark cases

Constitutional interpretation. Covers literalism, the Engineers approach, progressive interpretation, intentionalism, and the landmark cases that have shaped Commonwealth power and rights.

6 min read →

How does the High Court exercise judicial power and shape the Constitution?

Evaluate the role of the High Court in interpreting the Constitution and exercising judicial power

High Court. Covers Chapter III, judicial review, key constitutional cases and the separation of judicial power.

8 min read →