Legal issues :: essays research papers

ESSAY.The Constitutional musical arrangement in Australia determines how the law is made. Some issues addressed by this are The Federal organization, component part of authors, the separation of powers, amending the brass, the high court and the constitution and transfer of powers.The federal remains of government has one central government deal with matters involving the whole nation. This brass was adopted in Australia on 1 January 1901.In a federal system of Government in that respect must be a division of powers. Powers are divided between the states and federal government. The powers divided are legislative, executive and juridical powers. These are divided by the Australian constitution. The constitution provides for four types of legislative powers Specific powers areas of law making specifically mentioned in the constitution as belonging to the Federal government,Residual powers powers that the states retained after federation, these are non mentioned in the const itution but became the states powers.Concurrent powers areas over which the states and commonwealth subscribe to legislative power.Exclusive powers areas over which the federal government has exclusive power.The breakup of powers means that power is distributed between three munition of government. The three arms are legislature, executive and judiciary. The judiciary is separated from the legislature and the executive, because of this it is independent and dejection examine their actions without bias. The legislature is separated from the judiciary and executive powers, because of this it is independent, providing for some rights which cannot be taken away by legislation and this allows provides for regular elections. The executive powers, there is no true separation between these ii arm, because the British deal that members form the executive arm be chosen from the legislature. However the power of the executive is subject to checks and balances in other ways.Amending the co nstitution. Section 128 of the constitution provides the effect by which the constitution may be changed. The constitution can solely be changed if a bill stating the question is passed by both houses of parliament and the change is approved by referendum by the majority of people in a majority of states. It is difficult to amend the constitution because it cannot be revise like any other law if it were then the federal government could make laws on any area it chose by amending the constitution. For example the 6 November 1999 referendum asked the Australian public do you support an act to alter the constitution to establish the commonwealth of Australia as a republic, with the queen and governor oecumenic being replaced by a president appointed by two thirds majority of the members of the commonwealth parliament.