3. Frameworks for governing

Snapshot: Judges vs. legislators: individual rights and government power
Three levels of government—Writing the Australian Constitution—Constitutional change and referendums—The judiciary—Bills of rights

1. Is a constitution necessary for democratic government? If not strictly necessary, is it desirable? Why?

2.Discuss the relationship between the three tiers of government in Australia. Why is it so important that these be kept independent of one another?

3. Discuss the role of referenda in amending the constitution. Why do you think these referenda are so rare?

4. The constitution incorporates many unwritten rules that were taken for granted at the time of drafting and so are not explicitly articulated. Would writing down the tacit conventions mentioned above serve to define and protect them, or to limit them?

5. Does the Australian constitution need to include a bill of rights?

6. How would a proposed bill of rights affect the judicial and legislative arms of government, and their relationship to one another?

7. Discuss the role of the High Court within the Australian system. In the absence of a bill of rights, why is there a need for judicial review and ongoing interpretation of the constitution?  

Resources

The High Court of Australia

“The Parliament, the executive, and the courts: roles and immunities”—a speech by Chief Justice the Honourable Sir Gerard Brennan at Bond University, 1998

Michael Keating, John Wanna & Patrick Weller, Institutions on the Edge pp205-228
Read an extract (PDF)

Marion Stanton & Rod Kemp (eds), Speaking for Australia, pp11-15
Read an extract (PDF)