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Analyse how sections 7 and 24 of the Australian Constitution have protected the Australian people. - VCE - SSCE Legal Studies - Question 4 - 2021 - Paper 1
Question 4
Analyse how sections 7 and 24 of the Australian Constitution have protected the Australian people.
Worked Solution & Example Answer:Analyse how sections 7 and 24 of the Australian Constitution have protected the Australian people. - VCE - SSCE Legal Studies - Question 4 - 2021 - Paper 1
Step 1
Sections 7 and 24 Overview
Answer
Sections 7 and 24 of the Australian Constitution establish the framework for the composition of the Senate and the House of Representatives, respectively. They mandate that members of both houses are to be directly elected by the people, which is a fundamental principle of democratic participation. This ensures that the electorate has a voice in the legislative process.
Step 2
Protection through Direct Election
Answer
The direct election of Senators and Members of the House of Representatives serves as a safeguard for the people. It protects against the arbitrary exercise of power by ensuring that legislative representatives are accountable to their constituents. This accountability is crucial for a functioning democracy, as it allows the electorate to express their preferences and influence government policy.
Step 3
Facilitation of Representative Government
Answer
By enshrining the requirement for direct election, Sections 7 and 24 promote a representative government. This setup not only enhances the legitimacy of the legislative bodies but also serves to reflect the diverse interests of the Australian populace. It embodies the principle that the government derives its authority from the consent of the governed.
Step 4
Judicial Interpretation and Enforcement
Answer
Moreover, these sections have been pivotal in various judicial decisions that have reinforced their significance in protecting democratic rights. The High Court of Australia has interpreted these provisions to bolster the idea of fair and equal representation, thus ensuring that the electoral system remains just and enables all voices to be heard.
Step 5
Conclusion
Answer
In conclusion, Sections 7 and 24 of the Australian Constitution play an integral role in protecting the Australian people by ensuring direct elections, promoting accountability, and facilitating a representative government. They not only safeguard democratic principles but also empower citizens to participate actively in the governance of their country.