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Evaluate two ways in which the Australian Constitution enables the Australian people to act as a check on parliament in law-making. - VCE - SSCE Legal Studies - Question 6 - 2018 - Paper 1
Question 6
Evaluate two ways in which the Australian Constitution enables the Australian people to act as a check on parliament in law-making.
Worked Solution & Example Answer:Evaluate two ways in which the Australian Constitution enables the Australian people to act as a check on parliament in law-making. - VCE - SSCE Legal Studies - Question 6 - 2018 - Paper 1
Step 1
The requirement for a double majority in a referendum
Answer
One way the Australian Constitution checks parliament is through the requirement of a double majority in a referendum, as outlined in section 128. This means any proposed change to the Constitution must receive not only a majority vote from the people but also a majority in a majority of states. This process ensures that significant changes have broad support across the nation, thus protecting the rights of the people against arbitrary parliamentary decisions.
Step 2
The right to challenge Commonwealth laws in the High Court
Answer
Another mechanism is the right for individuals to challenge Commonwealth laws in the High Court under section 75. This allows the public to contest laws that might infringe upon rights protected by the Constitution, ensuring that parliamentary power is not exercised without limitations. This judicial oversight acts as an important safeguard, reinforcing the principles of democracy and legal accountability.