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Legal studies vce unit 3/4 > ao1 unit 4 > Flashcards

ao1 unit 4 Flashcards

1
Q

What is the Australian Parliament?

A

The legislative branch of the Government of Australia.

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2
Q

What is bicameral?

A

When the legislature divides the legislators into two separate houses like the upper house and lower house.

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3
Q

What is Government.

A

The political party that holds majority in the federal lower house, house of representaives.

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4
Q

What is the Governor-General?

A

Represents the crown at a federal/commonwealth level.

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5
Q

What is Commonwealth?

A

The intergovernmental organisation of member states of the British Empire.

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6
Q

What is the houses (chambers) in the Bicameral Parliament?

A

In Australia’s Parliament there is The Senate (upper house) and House of Representatives (lower house) at Victorian level they are known as Legislative council and Legislative assembly.

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7
Q

What is double majority?

A

A voting system that requires a national majority of all Australians (at least 4 states) to vote in favor. This is required to change the wording in the Australian Constitution through a referendum.

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8
Q

What is executive power?

A

The power to administer the laws and manage the business of Government which is vested in the Governor-General.

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9
Q

What is express rights?

A

Rights that are stated in the Australian Constitution. These rights are entrenched meaning they can only be changed via referendum.

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10
Q

What is the High Court?

A

The ultimate court of appeal in Australia and has the authority to hear and determine disputes that arise from the Australian Constitution. It is considered the guardian of the constitution.

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11
Q

What is implied rights?

A

rights that are not expressly stated in the Australian Constitution but are considered to exist via the High Court.

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12
Q

What is judicial power?

A

The power given to the courts and tribunals to enforce law and settle disputes.

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13
Q

What is legislative power?

A

The power to make laws which resides with the Parliament.

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14
Q

What is a referendum?

A

A way to change to wording of the Australian Constitution. It requires a proposal then approved by the Australian society by a voting a double majoirty.

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15
Q

What is the separate of powers?

A

A doctrine that established the three powers of the parliament system (legislative,executive and judiciary) through the Australian Constitution.

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16
Q

What is the Australian Constitution?

A

Commonwealth Of Australia Constitution Act 1900 (UK) is the set of rules and principles that guide of how Australia to be governed.

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17
Q

What is the concurrent powers?

A

Powers in the Australian Constitution that can be exercised by the Commonwealth and state parliaments.
Includes:
-Trade and commerce with other countries
-Taxation
-Postal, telegraphic and telephonic services
-Marriage
-Divorce

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18
Q

What is exclusive powers?

A

Powers in the Australian Constitution that can only be exercised by the Commonwealth parliament.
includes:
-The power to impose customs and excise duties (s.90)
-Prohibits the states from raising naval or military source (s.114)
-Prohibits the states from minting their own coins (s.115

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19
Q

What is residual powers?

A

Powers not given to the Commonwealth under the Australian Constitution meaning it resides with the states.
Includes:
These powers are enshrined in s.108 of the Constitution which include:
-Law and order
-Education
-Housing
-Transport
-Public health

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20
Q

Whats the House of Representatives?

A

The lower house of the Commonwealth Parliament.

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21
Q

What is the Senate?

A

The upper house of the Commonwealth Parliament.

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22
Q

What is the Legislative Assembly?

A

The lower house of the Victorian Parliament.

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23
Q

What is the Legislative Council?

A

The upper house of the Victorian Parliament.

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24
Q

What is the Royal Assent?

A

The signing and approval of a bill which then becomes and Act of Parliament. At Commonwealth level this would be the Governor General but at state it is called the Governor.

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25
Q

What is an representative government?

A

A political system where the people elect members of parliament to represent them in government.

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26
Q

What is a governor?

A

Represents the crown at a state level.

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27
Q

What is ratification?

A

The confirmation by a nation’s parliament of its approval of an international treaty signed by its government. The parliament expressly passes legislation that requires them by law to adopt the various rights and responsibilities set out in the treaty.

28
Q

What is s109 of the constitution?

A

A section of the constitution that prescribes the validity of laws when state and Commonwealth law conflict. “when a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid’. Meaning Commonwealth law makes state invalid.

29
Q

What is opposition?

A

One or more political groups that are against the government in power.

30
Q

What does entrenched mean?

A

Can only be removed by a referendum.

31
Q

What are the express rights and where do they come from?

A

Acquisition of property by Commonwealth on
‘just terms’ - s51 chapter 31
Trial by jury for Commonwealth indictable offences- s80
No discrimination based on state you reside in-s117
Free interstate trade and commerce-s92
Freedom of religion-s116

32
Q

What is interpretation?

A

Explaining the meaning of something.

33
Q

What are external affiars?

A

Relation with countries outside of Australia. s51 xxix gives the commonwealth parliament the right to legislate with respect to external affairs.

34
Q

What is a bill?

A

A proposal to implement a new law or change an existing law.

35
Q

What is democracy?

A

A system of government where members of parliament are voted into office by the people, and represent the people.

36
Q

What is hostile upper house?

A

When the government does not hold majority of seats in the upper house and need to rely on the support of the opposition or cross-bench in order to have their bills passed.

37
Q

What is federation of Australia?

A

The union of sovereign states that gave up some of their power to a central authority to form Australia.

38
Q

What is an international declaration?

A

A non-binding agreement between countries that sets out hopes of the parties to the agreement.

39
Q

What is jurisdiction?

A

The lawful authority of a court, tribunal or other dispute resolution body to decide cases.

40
Q

What is rubber stamp?

A

A situation where upper house of parliament automatically approves a bill from the lower house because the government hold both majority seats in both houses.

41
Q

What is ultra vires?

A

Latin term meaning “beyond the powers’ a law made beyond the powers of parliament.

42
Q

What is composition?

A

An agreement among the creditors of an insolvent debtor to accept an amount less than they are owed, in order to receive immediate payment.

43
Q

What is prevail?

A

To prove more powerful or superior.

44
Q

What is invalid and valid?

A

Invalid is where it is considered annulled whereas valid is where it is legally acceptable.

45
Q

What is inconsistent?

A

Not staying the same or similar.

46
Q

What is debate?

A

A formal discussion about a certain subject of law.

47
Q

What is majority of seats?

A

When a party holds the most seats in the house/s.

48
Q

What are checks and balances?

A

The restrictions to the amount of power given to each branch of government, it is a balance division of powers.

49
Q

What is s7 of the constitution?

A

The senate shall be composed of senators for each state, chosen by the people of the state, voting, until the Parliament otherwise provides one electorate.

50
Q

What is s24 of the constitution?

A

The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators.

51
Q

What is the right to vote?

A

That everyone aged 18+ must participate in federal, state and local elections and voting.

52
Q

What is s128 of the constitution?

A

The constitution can be changed in a process called referendum.

53
Q

What is scrutiny?

A

Critical observation or examination.

54
Q

What is an act?

A

A bill that has been passed by both houses.

55
Q

What is legislation?

A

A written law made by parliament.

56
Q

What is an electorate?

A

The area represented by a member of Parliament.

57
Q

What is not unconstitutional?

A

Not in accordance with the constitution.

58
Q

What is bipartisan support?

A

When two major political parties agree on something.

59
Q

What is enumerated?

A

Actually written in the constitution.

60
Q

Who is the supreme law making body?

A

Parliament is but it doesn’t mean they have absolute power as the parliament regulates this.

61
Q

Who can interpret the constitution?

A

Only the high court has the power to interpret the meaning of the words according to s76.

62
Q

What is a responsible government?

A

Where a government takes accountability.

63
Q

What is binding/non binding?

A

Binding is where there is a legal document weather contract or law is enforceable whereas non binding is where it can’t be legally enforced.

64
Q

What is an international obligation?

A

To uphold human rights and international agreements

65
Q

What case study relates to section/s of the constitution?

A

-Roach v Electoral Commissioner 2007- s7 and s24
-1999 referendum, how we can protect
-1967 referendum, how we can change s51 and s127
-R v Brislan; ex parte Williams (1935)- high court interpret s51(v)
-Commonwealth v Tasmania (1983)- high court interpret s51(xxix) external affairs

Legal studies vce unit 3/4 (5 decks)

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