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Full Comprehensive Fed Con Final Notes - for USYD LAWS2011
LAWS2011 - Federal Constitutional Law
2 Found helpful • 97 Pages • Complete Study Notes • Year: Pre-2021
INTRODUCTION Constitutionalism • This concept underpins society. Its features are: the rule of law, representative and democratic institutions, liberal polity, the government exists for the people (concern for human flourishing), individualism (personal freedom). • There must be a law above everyone in such a society that applies equally. • The first attempt to restrain the amassing of power was the ‘mixed’ or ‘balanced’ constitution. E.g. House of Lords, House of Commons and the Crown in the UK. In the US’ constitution, it turned the source of power on its head – it instilled that the source of all power was with the people rather than the Crown. • In Australia: o those who govern the country must be representatives of the people i.e. members of parliament. Australia’s constitution is a federal constitution. o Australia also has established a legal constitutionalised separation of powers. o There is the institution of judicial review – the judiciary may review decisions of parliament. (adopted from the US) o Trust-deed aspect of the constitution – s51 sets out the heads of power, which the Cth may legislate to. If it exceeds these powers, these laws may be considered invalid. o Rights -
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