Issue Spotting PDF

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Summary

Issue Spotting Chart for Exams...

Description

Which branch of government are we dealing with? Parliament, Executive or Judiciary?

State or Federal?

POWER OR PROCEDURE/ COMPOSITION ISSUE? Procedure / Composition (re: rules and processes in parliament and legislature)

Compositio n of Parliament

Sitting of Parliament

Federal

Summoning

State

Duration

Qualifications/ Disqualificatio ns

Part B - Legislature Procedure Electoral Systems

State

Fed

Federal s 44

Plenary Powers

Enumerated Powers

State ss 44, 48 Vic Consti

Standard Procedures s 32, 40

Standard Procedures

Adjournment Deadlock s 65A, D E F G

Special Procedures s 62, 63, 65 Restrictive Procedures: Manner & Form

Legislature?

Executive?

Parliamentary and Legislature Procedures

Part A - The Parliament

Power (re: what legislature and executive (gov) can or cannot do

Alternative Procedures Deadlock s 57 Special Procedures s 53, 54, 55 Restrictive Procedures s 128

"Implied" Nationhood Power

Taxation Powers

s61 GG powers

s 55 Tax Tackng

Express powers conferred by Constitution ss 5, 58, 64, 68, 67, 72, 86 "Reserve Powers"

s 53 Senate Powers

Perogatives

s 90 Tax on Goods

Financial & Economic Powers s96 Grants Power

Corporations Power

Scope

Incorporation s81 & 83 Appropriation and Spending Power

External Affairs

Georaphically External to Aust Implement Treaties or International Agreements Scope of Treaties Power International Concern Relations w/ other Countries

If POWER: CONSIDER IF THESE LIMITATIONS APPLY

Federal Limitations (what they can't do)

Inconsistency

Direct inconsistency

Impossiblity of Simultaneous Obedience Inconsistent Conferral of Rights

Indirect Inconsistency "Covering the Field"

Constitutional Rights & Freedoms

Intergovernmenta Immunities (INTERFERENCE)

Historical Development "'Engineers" Case

Express Rights

Acquisiton of Property on Just Terms

Implied Freedoms and Rights Implied Freedom of Communication

Implied Right to Vote

Seperation of Judicial Power

State

Institutional Integrity (Kable Case)

Federal

Rule 1: Only courts can exercise JP

Rule 2: Courts cannot exercise non-incidental JP

Trian by Jury

Independence and Impartiality

Exception: Contempt of Parliament

Exception: Incidental Powers

Freedom of Religion

Procedural Fairness

Exception: Court Marshalls

Exception: Personal Designata

Cth Laws and State Powers

State Laws and Cth Powers Interstate Discrimination

Exception: Public Service Disciplinary Tribunals...