Option area 1: The Australian constitution

In their response to selected big questions, students consider the competing tensions. Teachers may choose to develop alternative big questions to frame the units of work, discussion, and inquiry.

Big questions

• Does the Australian High Court have too much power? (Consider: the empowered and the disempowered)
• Does the Australian constitutional system adequately protect the rights of individuals and groups? (Consider: competing rights and responsibilities)
• To what extent should Australia be required to comply with its international human rights obligations? (Consider: competing rights and responsibilities)
• Did the Constitution adopt the best features of other countries’ constitutional systems?
• Does the Constitution reflect the needs of contemporary society?
• How does the Constitution provide for both certainty and flexibility?
• Does the original purpose of the Senate as a ‘States’ house’ adequately serve contemporary Australia?
• How has the division of power between the Commonwealth and the States changed since Federation, and what is the significance of this?
• Has the High Court of Australia been an effective guardian of the Constitution?
• Should Australia have a constitutional Bill of Rights?
• Should Australia become a republic?

Students use inquiry questions to investigate and analyse aspects of the Constitution.

Students are not required to quote or recall section numbers from the Constitution.

Inquiry questions

• What are the origins of Australia’s constitutional system?
• What are the underlying principles and key features of Australia’s constitutional system?
  • separation of powers
  • division of powers
  • preservation of state powers
  • representative government
  • responsible government
  • constitutional monarchy
  • referendum procedures
  • High Court of Australia
• What are the strengths and weaknesses of Australia’s constitutional system?
• How have decisions made by the High Court of Australia impacted on the Australian legal system and society?
• How does the Constitution influence Australia’s relationship with other countries?
• How does the Constitution protect groups and individuals in the Australian community, including Aboriginal and Torres Strait Islanders?