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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 principle of representative government by mandating that the Australian Senate and House of Representatives are to be directly elected by the people. This ensures that government authority derives from the consent of the governed, thereby enhancing democratic representation.
Section 7 states that the Senate shall be composed of Senators for each State, directly chosen by the people of the States. Similarly, Section 24 outlines that the House of Representatives shall be composed of Members directly chosen by the people. These provisions protect the Australian people by ensuring that their elected representatives reflect their diverse interests and needs.
Step 2
Protection of Rights
Answer
The requirement for direct election under these sections fosters accountability among elected officials. When representatives know they must seek the approval of their constituents via elections, they are more likely to act in their constituents' interests. This mechanism serves as a protection of the rights and voices of the Australian people, as it encourages political participation and active engagement within the democratic process.
Step 3
Judicial Interpretation
Answer
Judicial interpretation of these sections has further cemented their role in protecting democracy. For instance, the High Court of Australia has affirmed that any legislation that undermines the electoral process may be challenged, thus ensuring that the democratic principles laid out in sections 7 and 24 are upheld. Such interpretations reinforce the idea that the Constitution not only empowers the people but also serves as a safeguard against potential governmental overreach.