Unit 4 – Area of Study 1: The people and the Australian Constitution
Outcome 1
Discuss the significance of High Court cases involving the interpretation of the Australian Constitution and evaluate the ways in which the Australian Constitution acts as a check on parliament in law-making.
Examples of learning activities
- Develop a glossary of key legal terms and definitions to be used throughout Unit 4.
- Design an info graphic illustrating the roles of the Crown and the Houses of Parliament in law making. Highlight similarities and differences between the lower house on one side, and the upper house on the other. Make one info graphic for Victoria and one for the Commonwealth.
- Create a diagram detailing the division of constitutional law-making powers between the state and Commonwealth parliaments. Include illustrations to demonstrate the different ways exclusive, concurrent and residual law-making powers have and can be exercised, include the operation of section 109.
- Devise a table detailing the different Constitutional checks on parliament when law-making, the advantages and limitations of each check. Provide illustrative examples of each check.
- Write questions interrogating the significance of one High Court case interpreting sections 7 and 24 of the Constitution. Film a short vlog entry to respond to the questions, discussing the significance of one such High Court case. Appropriate cases include:
Australian Capital Television Pty Ltd v Commonwealth [No. 2] (1992) – ‘Political Advertising Case’; Lange v Australian Broadcasting Corporation (1997); Roach v Electoral Commissioner (2007).
- Create a spreadsheet
detailing the 44 past referenda in Australia, include rates of rejection or acceptance by states for each referendum. Note whether or not each referendum passed. Present the data in the spreadsheet as a graph or chart. Analyse the results and consider the ability of the Australian people to protect or change the Constitution. Research one referendum in detail. Did change come about post referendum? How would you have voted in each referendum? Give reasons for your decision.
- Produce a flowchart depicting the main aspects of one High Court case that has impacted division of law-making powers in Australia. Include details about the case, including the original issue, how the High Court interpreted the Constitution, and the subsequent effects of this interpretation on the division of law-making powers between the Commonwealth and States. Appropriate cases include:
Victoria v Commonwealth (1926) – ‘Roads case’;
R v Brislan; Ex parte Williams (1935);
Commonwealth of Australia & Anor v the State of Tasmania & Ors (1983) – ‘Tasmanian Dams Case’.
- Conduct a classroom debate on the following topic:
- ‘International declarations and treaties have had an overall positive impact on the interpretation of the external affairs power’.
Appropriate cases to consider and incorporate include:
Koowarta v Bjelke-Petersen [1982];
Commonwealth of Australia & Anor v the State of Tasmania & Ors (1983) – ‘Tasmanian Dams case’.
- Role-play the different Constitutional checks on parliament in law-making. A student may assume the role of a check and advocate to the rest of the class why they are the most effective check, also arguing that others are less effective than them. Following this, the students demonstrate and debate their views as to the effectiveness of each check by positioning themselves in line from least effective to most effective.
- Write a response to prompts about the division of law-making powers, and the Constitution’s ability to keep the law-making powers of parliament in check.
- Apply legal reasoning to an actual constitutional law scenario and discuss the extent to which the Constitution acts as a check on parliament in law making.
Detailed example
Discuss the extent to which you agree with the following statements. Justify your responses with the use of appropriate legal principles and concepts, laws, cases, and examples.
- ‘Changing the way law-making powers are divided between the state and Commonwealth parliaments is both easy and necessary’
- ‘The Australian Constitution has served the interests of the people well, as a most effective check on parliament in law-making’