Photo AI
Section 116 of the Australian Constitution states: 'The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.' Discuss the extent to which the Australian people can prevent the Commonwealth Parliament from making any laws on religion. - VCE - SSCE Legal Studies - Question 6 - 2019 - Paper 1
Question 6
Section 116 of the Australian Constitution states: 'The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, ... show full transcript
Worked Solution & Example Answer:Section 116 of the Australian Constitution states: 'The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.' Discuss the extent to which the Australian people can prevent the Commonwealth Parliament from making any laws on religion. - VCE - SSCE Legal Studies - Question 6 - 2019 - Paper 1
Step 1
The extent to which Section 116 prevents Commonwealth laws
Answer
Section 116 serves as a crucial safeguard against potential legislation that might infringe upon religious freedoms. It explicitly prohibits the Commonwealth from making any laws that establish a religion or restrict religious practices. However, it is essential to analyze the practical implications of this section and whether it can fully prevent the Parliament from encroaching on religious freedoms.
Step 2
Public influence on legislation
Answer
The Australian people play a significant role in shaping legislation through democratic processes. Public opinion can influence elected officials in the Commonwealth Parliament, compelling them to consider the religious sentiments of constituents. Therefore, the populace can indirectly prevent the passage of laws that conflict with Section 116 by voicing their objections and mobilizing against such legislations.
Step 3
Referendum process as a preventive measure
Answer
The referendum process allows citizens to directly participate in potential constitutional changes, offering a vital check against unwarranted power. If a proposed law were to contravene Section 116, the Australian people could rally support for a referendum to safeguard religious freedoms. This mechanism reinforces the people's authority in preventing any legislative action that could undermine the constitutionally enshrined protections.