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Why can't the Australian Parliament bind future Parliaments?
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Due to the constitutional system and the principle that no Parliament can impose laws on future Parliaments, with the exception of manner and form provisions.
In what way is Australian parliamentary sovereignty more limited than the UK's?
It is constrained by a written constitution and the principles of federalism that require respecting states.
How did Dr. Bohm's case (1610) contribute to the development of parliamentary sovereignty?
It was one of the early cases that underlined the supremacy of law and the limits of arbitrary executive power.
What are manner and form provisions in the context of Australian parliamentary law?
Legal mechanisms that entrench certain provisions, making them harder to repeal or amend.
What historical UK event recognized Parliament as the supreme body?
The Glorious Revolution & Bill of Rights (1689).
What is one difference in judicial oversight between the UK and Australian parliamentary sovereignty?
In Australia, courts can challenge the validity of parliamentary acts, unlike the UK where parliamentary acts are considered supreme.
What role does federalism play in the limitations of Australian parliamentary sovereignty?
It necessitates the respect for and clarity between state and federal legislative powers.
What are residual subject matters in Australian federalism?
They are areas of legislation that belong to state parliaments rather than the federal Parliament.
What limits the legislative power of the Australian federal Parliament?
The Australian Constitution, which requires laws to align with its provisions.
What legal document significantly limits the Australian Parliament's sovereignty?
The Australian Constitution.
What is a key judicial function regarding parliamentary acts in Australia?
The High Court can assess the constitutionality of laws and potentially invalidate unconstitutional acts.
What is the significance of the Case of Proclamations (1611) in parliamentary history?
It established that the monarch could not create new law through proclamations, reinforcing parliamentary supremacy.
How does A.V. Dicey define parliamentary sovereignty?
Parliament can make/unmake any law; no entity can override Parliament's legislation.
What is the primary reason Australia's parliamentary sovereignty differs from the UK model?
Australia's sovereignty is bounded by its written Constitution and federal structure, limiting parliamentary powers compared to the UK's historical model.
What term is synonymous with Parliamentary Sovereignty?
Parliamentary Supremacy.
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