HASS · Year 7 · Civics and Citizenship · Term 4

The Australian Constitution

Students will investigate the purpose and key features of the Australian Constitution, including its role in establishing the framework of government.

• ACARA Content Descriptions
• AC9C7K01

About This Topic

Australia's system of government is known as the 'Westminster System', inherited from the United Kingdom but adapted for our own needs. This topic explores the key features of this system: the role of the Queen (represented by the Governor-General), the two houses of Parliament (the House of Representatives and the Senate), and the 'Separation of Powers'.

Students investigate the Australian Constitution, the 'rule book' for how our country is run, and how the separation of the Parliament (who make laws), the Executive (who carry out laws), and the Judiciary (who interpret laws) prevents any one group from having too much power. This topic comes alive when students can physically model the 'Separation of Powers' or use role plays to simulate the opening of a new Parliament.

Key Questions

1. Explain the primary purpose of the Australian Constitution.
2. Analyze how the Constitution divides power between the Commonwealth and the states.
3. Critique the process for amending the Australian Constitution.

Learning Objectives

• Explain the fundamental purpose of the Australian Constitution in establishing Australia's system of government.
• Analyze how the Australian Constitution divides legislative and executive powers between the Commonwealth and state governments.
• Critique the established process for amending the Australian Constitution, identifying its strengths and weaknesses.
• Identify the key institutions created by the Constitution and describe their respective roles within the framework of government.

Before You Start

Levels of Government in Australia

Why: Students need a basic understanding of the existence of federal, state, and local governments before analyzing the constitutional division of powers.

The Role of Parliament

Why: Understanding that Parliament makes laws is foundational to comprehending the Constitution's role in establishing and defining Parliament's powers.

Key Vocabulary

Constitution	The supreme law of Australia, outlining the structure and powers of the federal government and the division of powers between the Commonwealth and the states.
Parliament	The legislative body of Australia, comprising the House of Representatives and the Senate, responsible for making laws.
Separation of Powers	The division of government responsibilities into distinct branches: legislative, executive, and judicial, to prevent any one branch from becoming too powerful.
Federal System	A system of government where power is divided between a central (federal) government and regional (state) governments.
Amendment	A formal change or addition to the Australian Constitution, requiring a specific and rigorous process involving a referendum.

Watch Out for These Misconceptions

Common Misconception

The Prime Minister can make any law they want.

What to Teach Instead

The PM must get the law through both houses of Parliament and it must be 'Constitutional'. Peer modeling of the 'Law-making Path' helps students see the many hurdles a leader faces.

Common Misconception

The Governor-General is the 'boss' of Australia.

What to Teach Instead

The GG has 'reserve powers' but usually only acts on the advice of the Prime Minister. Role-playing the 'Ceremonial vs. Actual' power helps students understand this subtle constitutional role.

Active Learning Ideas

Simulation Game: The Three Arms of Government

Divide the class into three groups: 'The Law Makers' (Parliament), 'The Doers' (Executive), and 'The Judges' (Judiciary). Give them a problem (e.g., 'A new law about school uniforms'). Each group must perform their specific role without interfering with the others.

45 min·Whole Class

Inquiry Circle: The Constitution Scavenger Hunt

Provide students with a simplified version of the Australian Constitution. They must find the 'rules' for specific things: 'How do we change the Constitution?', 'Who is in charge of the army?', and 'What happens if the two houses of Parliament disagree?'.

40 min·Small Groups

Think-Pair-Share: Why Two Houses?

Students discuss: 'Why does Australia have both a 'Green House' (Representatives) and a 'Red House' (Senate)?'. They share their ideas about 'double-checking' laws and representing both people and states.

20 min·Pairs

Real-World Connections

• The High Court of Australia, established by the Constitution, interprets its laws and resolves disputes between states or between the Commonwealth and states. Its decisions directly impact national policy and individual rights.
• Members of Parliament, both federal and state, use the powers and limitations outlined in the Constitution daily when debating and voting on legislation affecting citizens across Australia.
• The process for amending the Constitution, requiring a national referendum, was last used in 1977 for proposals related to Senate voting rights and filling casual vacancies.

Assessment Ideas

Quick Check

Present students with a scenario, for example, 'A new law is proposed to regulate online shopping across all states.' Ask them to identify which level of government (Commonwealth or state) would likely have the primary power to legislate based on the Constitution and explain their reasoning.

Discussion Prompt

Pose the question: 'Why is it important for the Australian Constitution to be difficult to change?' Facilitate a class discussion where students can share their perspectives on the stability and adaptability of the Constitution, referencing the amendment process.

Exit Ticket

On an exit ticket, ask students to write down one key feature of the Australian Constitution and one example of how it divides power between the Commonwealth and the states. Collect these to gauge understanding of core concepts.

Frequently Asked Questions

What is the Westminster System?

It is a system of government based on the British model. Its key features include a head of state (the King/Governor-General), a parliament with two houses, and a government led by a Prime Minister who must have the support of the lower house.

What is the 'Separation of Powers'?

It is the principle that the power to run the country is split into three separate groups: the Parliament (who make laws), the Executive (who put laws into action), and the Judiciary (the courts who interpret laws). This prevents any one person from becoming too powerful.

How can active learning help students understand the Constitution?

The Constitution can seem like a dry legal document. By 'using' it in a scavenger hunt or a simulation, students see it as a 'living rulebook' that actually affects how decisions are made. It turns abstract concepts like 'jurisdiction' into practical rules for a game they are playing.

What is the role of the Senate?

The Senate is often called the 'House of Review'. Its job is to represent the interests of the states and to carefully check the laws passed by the House of Representatives to make sure they are fair and well-thought-out.