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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
Discuss the role of Section 116
Answer
Section 116 provides a foundational framework that safeguards the freedom of religion in Australia. It prevents the Commonwealth Parliament from establishing a state religion or imposing religious observances, ensuring that individuals can freely exercise their religious beliefs. This section highlights the importance of religious liberty in a democratic society, suggesting that any law attempting to contravene these protections would likely face significant legal challenges.
Step 2
Evaluate the effectiveness of the Australian people’s influence
Answer
The Australian people exert influence over the Commonwealth Parliament primarily through democratic mechanisms such as elections and referendums. While Section 116 prohibits laws specifically regarding religion, the public can mobilize to advocate for or against religious laws, reflecting the views of citizens. This public sentiment can pressure lawmakers to consider the implications of proposed legislation on religious freedoms.
Step 3
Consider the referendum process
Answer
The Australian Constitution allows for amendments through a referendum process. If the Commonwealth Parliament proposed changes that directly relate to Section 116 or religious freedoms, the Australian people would have a direct mechanism to prevent these changes by voting against them. This reinforces the power of the populace to maintain their rights as framed by the Constitution, emphasizing that any attempt to remove or modify Section 116 would need broad public support to succeed.
Step 4
Assess limitations on the Commonwealth Parliament
Answer
Despite Section 116's provisions, there are complexities regarding its enforcement. The interpretation of what constitutes 'law on religion' can vary, and the High Court of Australia has historically had the final say on such matters. Consequently, while Section 116 provides robust protections, the ultimate interpretation and application of these protections can be influenced by judicial decisions and political contexts.