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The Martial Status Act 2009 has just been passed by the Victorian Parliament - VCE - SSCE Legal Studies - Question 3 - 2009 - Paper 1
Question 3
The Martial Status Act 2009 has just been passed by the Victorian Parliament. a. Other than making laws, outline one other role of the lower house of the Victorian... show full transcript
Worked Solution & Example Answer:The Martial Status Act 2009 has just been passed by the Victorian Parliament - VCE - SSCE Legal Studies - Question 3 - 2009 - Paper 1
Step 1
Other than making laws, outline one other role of the lower house of the Victorian Parliament.
Answer
The lower house of the Victorian Parliament, known as the Legislative Assembly, also plays a crucial role in forming the government. This involves electing the Premier, who is usually the head of the political party that has a majority in the Assembly. It is key in representing the electorate's interests and holding the government accountable through various mechanisms, including question time and debates.
Step 2
If the constitutional validity of the Martial Status Act 2009 was challenged, identify the court that would hear this matter. Outline one aspect of its appellate jurisdiction.
Answer
If the constitutional validity of the Martial Status Act 2009 was challenged, the High Court of Australia would hear this matter. One aspect of its appellate jurisdiction is that the High Court can hear appeals from lower courts, including the Full Court of the Federal Court and state and territory Supreme Courts, particularly when there is a significant legal issue at stake.
Step 3
How could Section 109 of the Commonwealth Constitution affect this law if it were challenged in the courts?
Answer
Section 109 of the Commonwealth Constitution provides that if there is an inconsistency between a Commonwealth law and a state law, the Commonwealth law prevails, and the state law is invalid to the extent of the inconsistency. If the Martial Status Act 2009 were challenged and found to be inconsistent with a Commonwealth law, Section 109 would mean that the state law could be rendered invalid, thereby affecting its enforcement and applicability.