Unit 3 Sac 2

Front 1

Specific Powers

Back 1

also known as enumerated powers, are all the law-making powers of the Commonwealth Parliament outlined in the constitution.

Front 2

Exclusive Powers

Back 2

are all the law-making powers that are not shared with any other law-making authority, such as an exclusive Commonwealth power which is a law-making power that can only be exercised by the Commonwealth Parliament.

Front 3

Residual Powers

Back 3

are the law-making powers given to the states about matters not mentioned in the Constitution, such as criminal law, police, education, health and the environment.

Front 4

Concurrent Powers

Back 4

are the law-making powers shared by both the Commonwealth Parliament and the state Parliament, such as marriage, divorce, taxation and bankruptcy.

Front 5

Enumerated Powers

Back 5

also known as specific powers, are all the law-making powers of the Commonwealth Parliament outlined in the constitution.

Front 6

Division of Powers

Back 6

is what specific/enumerated, exclusive, residual and concurrent powers are called as a whole, it is how the constitution outlines where the law-making powers lie, with the Commonwealth Parliament or the state Parliaments.

Front 7

Separation of Powers

Back 7

includes the different bodies that perform the three functions or branches of Australia’s legal system, which are the legislative, executive and judicial branches.

Front 8

Constitution

Back 8

is a written document, which divides the law-making powers between the Commonwealth Parliament and state Parliaments.

Front 9

Referendum

Back 9

is the process for changing or amending the Constitution which is laid out in section 128 of the Constitution.

Front 10

Interpretation

Back 10

is the action of explaining the meaning of something and the way the courts interpret terms can impact on the range of circumstances to which the law applies.

Front 11

Express

Back 11

is to convey (a thought or feeling) in words or by gestures and conduct, which is definitely stated and not merely implied, this is done in law when rights are clearly stated in the Constitution (known as express rights).

Front 12

Implied

Back 12

is when something is strongly suggested as the truth or the existence of something is suggest and it is not expressly stated, this is done in law when a right that was intended by the drafters of the Constitution but not expressly stated in the document.

Front 13

Entrenched

Back 13

is to establish (an attitude, habit or belief) so firmly that change is very difficult or unlikely, this is done in law when a right is part of the Constitution and these rights can only be changed with a referendum.

Front 14

Statutory

Back 14

is when something is required, permitted or enacted by statute, this is done in law by an Act of Parliament that allows the Bill of Rights to be amended, repealed or provide specific provisions by Parliament at any time called the statutory Bill of Rights.

Front 15

Pre-enactment Scrutiny

Back 15

occurs when all the participants in the law-making process take seriously the responsibility of helping Parliaments to do their best not to trespass on rights inadvertently or without adequate consideration and justification.

Front 16

Bi-Partisan

Back 16

refers to any bill, act, resolution, or other political act in which both of the two major political parties agree about all or many parts of a political choice.

Front 17

Double Majority

Back 17

after an amendment for a referendum has been passed in both houses, the amendment is put to a vote of all enrolled electors nationally to vote ‘yes’ or ‘no’, the referendum must receive a ‘yes’ vote from a majority of electors in Australia nationally and a ‘yes’ vote from a majority of the states (at least four out of six).