2 The Australian Constitution © Oxford University Press, All rights reserved.

Federalism the meaning of federalism federal law prevails over state law to the extent of any inconsistency doctrine of reciprocity: the Engineers’ case.

The Australian Constitution Constitution divides law-making power exclusive powers: exercised by the Commonwealth concurrent powers: Commonwealth and states residual powers: exercised by the states.

Landmark constitutional cases High Court expands Commonwealth powers Examples: the Tasmanian Dam case Uniform Taxation case No 1.

Changing the Constitution Section 128 of the Constitution: All of the following requirements must be met: The proposed amendment must be: passed by over 50% (an absolute majority) of all elected members in both Houses of Parliament; and put to a referendum of all Australian votes within two-six months after the absolute majority vote; and approved by a majority of voters and by a majority of voters in a majority of States; and given Royal Assent by the G-G on behalf of the Queen.

Separation of powers The division of power between: (i) the legislature (ii) the executive (iii) the judiciary. to what extent is the doctrine of separation of powers a practical reality?

Australia Act 1986 (Cth) note features of the Act which terminate ties with the UK note procedures for amendment.

Bill of Rights in the absence of a Bill of Rights in Australia, what are the sources of our individual rights? do we need a constitutional Bill of Rights?