Under the Australian Constitution, the 'legislative power' of the Commonwealth is vested in the Federal Parliament. For this power to be validly exercised to create a new Act of Parliament, which sequence of constitutional requirements must be fulfilled?
- The proposed law must be passed by both the House of Representatives and the Senate, and then receive Royal Assent from the Governor-General.Answer
- BThe proposed law must be approved by the Prime Minister and the Cabinet, then receive a majority vote in the House of Representatives.
- CThe proposed law must be passed by the House of Representatives and then be approved by a majority of voters in a majority of states.
Answer
The proposed law must be passed by both the House of Representatives and the Senate, and then receive Royal Assent from the Governor-General.
The correct answer accurately reflects Section 1 and the legislative process of the Australian Constitution, where the exercise of legislative power is complete only when a Bill passes both the House of Representatives and the Senate and receives Royal Assent from the Governor-General.
Step-by-Step Solution
Key Concept
The exercise of legislative power requires the consent of all three components of the Federal Parliament: the House of Representatives, the Senate, and the Governor-General.
Hints
1
Recall that the Federal Parliament has three distinct parts according to the Constitution.
2
Legislative power is not complete until the representative of the Monarch provides a final formal approval.
3
Consider the difference between passing an ordinary law and the special process used to change the Constitution itself.
Practice More
Review the 'Separation of Powers' to understand how the Legislative branch is distinct from the Executive and Judicial branches.
Estimated Time:2m 0s