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7 Cards in this Set
- Front
- Back
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Referral of powers strength |
Stated can appoint some of their law making powers to the commonwealth where they think the matter is adequately dealt with or where uniformity is required |
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Referral of power weakness |
The states may realise they should've retained their power as referral of powers is usually a direct shift of powers and thus commonwealth has an increase of power |
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HC strength |
There is no change to the actual wording of the Constitution. This avoids the timely process and allows changes to application of the words in the Constitution |
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HC weakness |
The HC is dependent on an individual bringing a case before them. The expensive process may result to deter people from bringing matters to the court and an injustice in the area of the Constitution may stand unless a test case is presented |
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High court- strength |
Matters can be dealth with by the court and the injustice can be rectified. The case brought before the HC can identify an area of the Constitution where words need to be interpreted or given more meaning. This can be done through any case where the HC can identify the injustice and can resolve the matter by interpreting the relevant words. |
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HC weakness |
The HC is therefore dependent on an individual bringing a matter to court for a change to occur within the Constitution. The process of bringing a matter to court is quite expensive and can therefore deter people from instituting a case. Therefore if a case in not brought before the HC the injustice will remain unidentified and these areas of the Constitution will remain unchanged |
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HC strength |
High court justices are experts in Constitutional law and therefore are suited to interpreting the words of the Constitution and applying relevant sections to cases brought before them. The separation of judicial arm allows the HC to have expertise in the Constitution and they will therefore know the wording and structure of the act. This means they know which areas should be interpreted. |
