 1974 Australian Government passed a treaty (world heritage)  Tasmania wanted part of their state protected- included Franklin Dam area  Change of.

Slides:



Advertisements
Similar presentations
Law-making by parliament and subordinate authorities
Advertisements

The Constitution and the Protection of Rights
Unit 3 AoS 2 Revision DP 2: Restrictions IMPOSED BY THE COMMONWEALTH CONSTITUTION ON THE LAW MAKING POWERS OF THE STATE AND THE COMMONWEALTH PARLIAMENTS.
Unit 3 AoS 2 Revision DP 5: The role of the High Court in interpreting the Commonwealth Constitution DP 6: The significance of two High Court cases involving.
Facts of the case: In 1974 Australia ratified (supported) a world wide treaty (with UNESCO) to protect sites for cultural and heritage purposes; to ‘ensuring.
S 128- Referendums From the Study Design Key Knowledge:
Changing the balance of power Wednesday 18 April.
The role of the High Court in interpreting the Constitution
CHANGING THE CONSTITUTION
The Constitution Commonwealth of Australia Constitution Act 1900 (UK) came into force on the 1st of January A set of Rules or principles guiding.
By Richie Keoghan.  The issue of the Franklin Campaign was the campaign to save Lake Pedder ( ), a campaign which was lost with the inundation.
The Impact of Landmark Decisions made by the High Court.
A COLLABORATIVE ACTIVITY The Australian Constitution.
Changing Balance of Power in Commonwealth and State powers of Australia.
The Impact of Landmark Decisions made by the High Court P&L Year 12.
The constitutional division of powers
Articles of Confederation. Why were the Articles of Confederation so weak? What we didn’t like about the British... Taxation without representation Large.
High Court Interpretation
The role of the High Court in interpreting the Constitution
The Constitution Outcome 2 Explain the role of the Commonwealth Constitution in defining law making powers within a federal structure, and evaluate the.
Summary of Lecture 1 The Australian Legal System
By: Julia Pedulla.  The High Court of Australia was established in 1901 by section 71 of the Constitution (Chapter Three) but it wasn’t until 1903 that.
Peter Francis Hughes © Legal Studies 2012 Unit 3 CHAPTER THREE PART E The Constitution.
1.  What does the term ‘division of law- making power’ actually mean?? 2.
The Australian Parliamentary System.  Bicameral  Government  Separation of Powers  Crown  Unicameral - having only one legislative or parliamentary.
Lesson 2: Principles of the Constitution
{ Quiz Time Thursday 11 April  In the Cwlth Parliament, the role of the States’ House is performed by the:  House of Representatives  Senate.
Methods of Judicial Interpretation Legalism and Activism.
Preparing for SAC 2B Monday 27 May Focus your revision on…  Restrictions on the power of the Commonwealth and the State Parliaments  The role.
Marbury v. Madison (1803) Gibbons v. Ogden (1824) McCulloch v. Maryland (1824)
Branches of Government. Three Branches  Legislative – Congress  Make laws  Executive – President  Enforce laws  Judicial – Supreme Court  Interpret.
Peter F Hughes © Legal Studies Unit 3 CHAPTER 3 THE CONSTITUTION Part A.
FEDERALISM Legal Studies 3C (Resource: Justice & Outcomes 12e – Beazer, Humphreys, Filippin 2012)
Chapter 4 Year 12 Legal Studies.  Single entities coming together to form one single entity  1800’s British colonies  Each colony makes laws on its.
Federalism Chapter 3 Governmental Structure Local and Federal Units of government  National Delegated Powers (expressed, enumerated)  Elastic Clause.
High Court Decisions And The Balance of Power. 1. Section 75 of the Constitution gives the Commonwealth the jurisdiction (power) to hear all cases which.
Federalism Legal Studies 3C.
2 The Australian Constitution © Oxford University Press, All rights reserved.
Federalism The Division of Power between National Government State Governments Local Governments Who has the power? The Division of Power between National.
Federalism. Federalism: A system of government in which a written constitution divides the powers of government between central and states. Federalism:
1.5 – Dividing law-making power between the Commonwealth and state parliaments KEY CONCEPT The commonwealth and state parliaments perform similar roles.
Key knowledge: the capacity of the states to refer law-making power to the Commonwealth Parliament Key Skills: explain the methods and processes of changing.
THE CONSTITUTION Key Constitutional Principles. Concept 1: Separation of Powers A way of dividing power among three branches of government in which members.
The Constitution. Power vs. Rights A. Government needs power 1. Weakness of Articles proves this point 2. Must have power to tax 3. Power to enforce its.
History of the Franklin River During , a campaign was created to help save Lake Pedder. This became the genesis for the Franklin River campaign.
Monday 25 March CHAPTER 5 CONTINUED. Review of last lesson How are law-making powers divided between the Commonwealth and the states? What are the four.
The Constitution Division of Powers. Any FEDERAL constitution must deal with how the powers of government are divided between the central and the regional.
WELCOME TO THE 2016 PLEAWA SUNDOWNER By Mike Filer.
THE ROLE OF THE HIGH COURT IN INTERPRETING THE CONSTITUTION AND REFERRAL OF POWERS.
Constitutional Convention The Great Compromise, the 3/5 Compromise and the Commerce Compromise.
U3O2: PART A LEGAL STUDIES. ROLE OF THE CONSTITUTION  The Commonwealth of Australia Constitution act 1900, which came in to force on 1 January 1901;
Civics and Citizenship.  Courts deal with different types of disputes depending upon the jurisdiction they are provided with by parliament.  The most.
The ways in which one successful referendum changed the division of law-making power 1967 referendum: equal citizenship rights for aborigines, 1910:
Federation and the Constitution – The Division of Powers
The Role of the High Court
The Referral of Powers Section 51(xxxvii) grants power regarding:
The Commonwealth Constitution of Australia
The Tasmanian Dams Case
Decision making processes over the use of outdoor environments.
Changing the Constitution
Federalism continued.
The external affairs power Section 51 (xxix)
The Commonwealth Constitution of Australia
Changing Balance of Power in Commonwealth and State powers of Australia Year 12 P&L.
Haylie Pepper – Perth Using Twitter in P&L Haylie Pepper – Perth
Federalism.
The Role of the High Court in interpreting the Constitution
Victorian Court Hierarchy
American Government Chapter 4 Section 1.
American Government Chapter 4 Section 1.
Presentation transcript:

 1974 Australian Government passed a treaty (world heritage)  Tasmania wanted part of their state protected- included Franklin Dam area  Change of government happened in Tasmania  New government wanted to dam Franklin River (Gordon River)  Federal opposed  Went to High Court – decided in favour of the Commonwealth  S.51 (xxix) external affairs  High Court was interpreting the Constitution  This counts for half the marks. Other half relates to the impacts of the case.

 Interpreting the words ‘external affairs’ has given more powers to the Commonwealth and reduced some residual powers of all states.  Eg: Terrorism – international issue  Healthcare

 Taxation used to be an exclusive power (1920’s and 30’s)  S.96 – Federal can give a grant and put conditions on it (tied grants)  1942 – Uniform Tax Case -Commonwealth vs Victoria  High Court found in favour of the Commonwealth

 Reduction in residual powers  Exclusive powers have been expanded  They can now access residual powers if they’re giving money  Eg: education – aims test (2005)  S.96 allows the Commonwealth to start touching residual powers