ao2 unit 4 Flashcards
What is a representative government?
When the government is elected into parliament to represent the peoples interests.
What is political pressure?
There are internal, external and international pressures that is placed onto the parliament to act or refrain on acting.
What are the political pressures and what are the differences?
Internal- other political parties and members
External- state parliaments and the Australian public
International-from international parliaments or law making bodies.
What is balance of powers?
A situation where no single party has a majority of seats in one or both houses of parliament, meaning crossbenchers may be able to vote in a bloc to reject government bills if they don’t pass.
What is a bill?
A proposal to implement a new law or change in existing law.
What are crossbenchers?
Independent members of parliament and members of minor parties. They are named after the seating area for them in parliament, called the crossbench.
What is hostile upper house?
When opposition holds more seats in the senate than the government causing the bills to be under more scrutiny.
What is hung parliament?
When neither parties hold majority of seats in the lower house after the election.
What is a micro party?
A very small political party.
What is a minor party?
Political parties that are small but are still able to put pressure onto the government to address specific issues and introduce law reform.
What is minority government?
A government that does not have majority seats in the lower house and relies on the support of the minor and independent parties.
What is rubber stamp?
When the government holds majority in both houses of parliament making it easier to pass bills.
What is stare decisis?
Latin term meaning ‘let the decision stand’. Its the basic principle underlying the doctrine of precedent.
What is ratio decidendi?
Latin term meaning ‘the reason’. The legal reasoning behind a judge’s decision. It forms the binding part of a precedent.
What is obiter dictum?
Latin term meaning ‘by the way’. Comments that are made by the judge in a particular case that might be persuasive in upcoming cases.
What is binding precedent?
The legal reasoning for a decision of a higher court that must be followed in the lower courts within the same juridiction.
What is persuasive precedent?
The legal reasoning for a decision of a lower court within the same or different jurisdiction that may be considered relevant in some cases.
What is common law?
Law that is made by judges through a case.
What is statutory interpretation?
Where judges give meaning to the words or phrases in an Act of Parliament, this is it can be applied to a case to resolve it.
What is a binding precedent?
A decision made by a superior court in the hierarchy in which inferior courts have to follow the precedent made.
What is a persuasive precedent?
A decision made by an inferior court in the hierarchy in which the superior courts don’t have to follow but can use that decision as a resource.
