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Legal 3/4 > AOS 1 > Flashcards

AOS 1 Flashcards

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1
Q

What are the three principles of Government?

A

Separation of Powers, Responsible and Representative Government

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2
Q

What is Separation of Powers?

A

The idea of the Separation of Powers stems from the idea that “power corrupts…and absolute power corrupts absolutely”. The Constitution, therefore, prevents any one area of our system of governance from having complete power.

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3
Q

What is a Responsible Government?

A

A government that is answerable to the parliament, and therefore, by extension, to the people who it makes decisions for.

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4
Q

What is a Representative Government?

A

A government that represents the majority of the people.

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5
Q

List 6 reasons why laws need to change

A

Changing expectations of the legal system

Changing community awareness

Changing needs of government departments

Changing nature of business

Changing technology

Changing international relationships

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6
Q

What is the role of the Victorian Law Reform Commission (VLRC)

A
  • Reviews and considers proposals to simplify the law, or bring the law into line with current needs
  • Put forward proposals to repeal unnecessary laws
  • Examine, report and make recommendations to the attorney-general on the matters that he asks for
  • Provides educational programs in relation to law reform
  • Supplies information to parliament
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7
Q

What is the process at the VLRC?

A

1 . A ‘reference’ is sent to the VLRC by the Attorney General in an area of law that s/he believes needs to be examined

  1. A review of the current law is undertaken
  2. There is consultation with people who may be affected by reforms, or have expertise in the area
  3. Information is publicized on the VLRC website, and a final report is given to the Attorney General
  4. This report is then given to Parliament, which decided whether or not to draft legislation based around the recommendations
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8
Q

What are the two ways that people can influence legislative change?

A

Formal and Informal

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9
Q

What is a formal way that Laws can be influenced to change by the public?

A

The main way that groups can formally influence change is through the Victorian Law Reform Commission

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10
Q

What are the informal ways that Laws can be influenced to change by the public?

A

Individuals and groups that are not involved in the work of Parliament can still exact pressure on Parliament to change laws – such as the current pressure that the Parliament is experiencing in relation to same-sex marriage.

  • Protests
  • Letter-writing
  • Social media
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11
Q

How many steps are involved in passing a bill through parliament?

A

10 Ways

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12
Q

List the 10 steps to push a bill through parliament

A
  1. Initiation of a Bill
  2. Drafting of the Bill
  3. First House – Introduction of the Bill
  4. First Reading
  5. Second Reading
  6. Consideration in Detail / Committee Stage
  7. Third Reading
  8. Repeat steps 4-7 for the other house of Parliament
  9. Royal Assent
  10. Proclamation
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13
Q

Where are all new laws proclaimed?

A

The Gazette

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14
Q

How many years does an MP serve in the House of Representatives?

A

3 years in between elections

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15
Q

Which colour is the House of Representatives?

A

Green

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16
Q

Which is Colour the Senate?

A

Red

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17
Q

How many years does an MP serve in the Senate?

A

6 years in between elections

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18
Q

How many people sit in the House of Representatives

A

150 Members sit in the House of Representatives

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19
Q

How many people sit in the Senate?

A

76 Members in the Senate

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20
Q

How does the Senate divide the seats up?

A

12 Seats per State and 2 per Territory

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21
Q

What are the Strengths of Parliament as a lawmaker?

A

Because of the many stages that are involved in the process, a Bill must pass through significant debate and scrutiny, meaning the best possible legislative outcome.

Parliament has a huge amount of resources and knowledge dedicated to drafting and passing the best legislation

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22
Q

What are the weaknesses of Parliament as a lawmaker?

A

This long legislative process means that parliament can take a long time to repeal legislation that is obsolete.

The ability of a Bill to pass through the legislative process is dictated by the times that parliament is ‘sitting’, which only occurs 40-70 days a year.

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23
Q

How many days a year does Parliament sit?

A

40-70 days

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24
Q

In the Commonwealth Parliament, Which house is the upper?

A

The Senate

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25
Q

In the Commonwealth Parliament, Which house is the Lower?

A

The House of Representatives

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26
Q

In the Parliament of Victoria, which is the lower house?

A

The Legislative Assembly

27
Q

In the Parliament of Victoria, which is the upper house?

A

The Legislative Council

28
Q

How many years does the Legislative Council and Assembly sit for in the Victorian Parliament?

A

4 years in each house between an election, however, an election can be called at least 3 years after the last but no more than 4 years

29
Q

What is the role of the Lower Houses of Parliament?

A

The role of the Lower House is to:

  • Determine Government
  • Make a majority of the Laws including all Government Expenditure Bills
  • Control Government Expenditure
  • Run the Country
30
Q

What is the role of the Upper Houses of Parliament?

A

The Role of the Upper House is to:

  • Review bills passed by the Lower Houses
  • Introduce bills
  • Cannot Amend or Introduce any financial bills
  • Scrutinize Government
31
Q

Whom makes up the Executive Arm of the Government?

A

Prime Minister, Cabinet (All Senior Ministers (Front Benchers)), The Governor General (The Monarchy’s Representative)

32
Q

Why do we need Laws?

A

To protect people and society as a whole and individuals within in society

Resolve disputes between parties through courts and mediation (VCAT)

To provide boundaries for socially acceptable behaviour

33
Q

What should all Laws Reflect?

A

Reflect Societies Values and Morals at the time

34
Q

What is Statute Law also known as?

A

an Act of Parliament
or
Legislation

35
Q

How is Statute Law created?

A

Statute Law is created by the Parliament and its lawmakers. Laws must be passed by both houses of parliament unaffected and then receive Royal Assent before becoming Law

36
Q

Who is able to give Bills Royal Assent?

A

The Governor General at a Federal Level and Governor at a State Level

37
Q

What is Common Law mostly known as?

A

Precedent

38
Q

Who creates Common Law?

A

The Courts create Common Law via the Judge’s decision on Cases that have no law that is fitted to the exact or similar situation.

39
Q

What does Abrogate refer to?

A

Abolish; Law made through the courts can be cancelled by an act of parliament, if the act specifically states that it abolishes the common law

40
Q

What is a Bill?

A

Proposed Law

41
Q

Whom makes up Cabinet?

A

Senior Ministers and the leader of the government (Ie Prime Minister)

42
Q

What is the Role of Cabinet?

A

The policy making body of government

43
Q

What is Delegated Legislation?

A

Rules and Regulations made by subordinate authorities

44
Q

What is Lobbying?

A

Making requests to politicians or groups for their assistance in trying to influence a change in the law

45
Q

What is a pressure group?

A

A group of people who have a common interest in trying to influence changes in the law

46
Q

What are the three main reasons laws change in the 21st century?

A

Change in Social Values
Change in Technology
Protection of the Community

47
Q

What are two examples of Laws changing because of Changes in Social Values?

A

Marriage Amendment Bill (Marriage Equality) 2015 - Defeated in the House of Representatives

Corrections Amendment (Further Parole Reform) Act 2014 (VIC)

48
Q

What is an example of Laws changing due to a change in Technology?

A

Telecommunications (Intercept and Access) Amendment (Data Retention) Act 2014 (CTH)

49
Q

What is an example of Laws changing due to a higher need for protection of the community?

A

Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (CTH)

50
Q

How can groups informally change laws?

A 
Demonstrations
Direct approaches to MP's
Petitions
Preparing Submission
Civil Disobedience
Political Actions
Court Orders and Actions
Use of the Media
51
Q

What does VLRC stand for?

A

Victorian Law Reform Commission

52
Q

Is the VLRC independent of Government?

A

Yes, the VLRC reports to the Attorney- General whom refers laws to them and then tables reports to parliament that the VLRC has made under referral from the VLRC

53
Q

What are formal law reform bodies?

A

Organisations that are employed by the government (state and federal) to inform them of any changes in society that may require a change in the law

54
Q

When did the VLRC come into operation?

A

6th of April 2001, under the Victorian Law Commission Act 2000

55
Q

Why was the VLRC established?

A

To investigate areas of law in which the government feels that there is a need for reform and also to monitor & coordinate law reform actions in Victoria

56
Q

Main role of the VLRC?

A

To undertake research and make recommendations for changes in the law on issues that are referred to the VLRC by the State Attorney General

57
Q

Whom recommends laws to the VLRC in order for the VLRC to investigate?

A

The State Attorney General

58
Q

Can the VLRC act on its own accord in regards to investigating law reform?

A

Yes but only in issues that are minor. They can then recommend that Parliament changes the laws.

59
Q

How can social media help in changing laws?

A

The media allows the Law Makers to gauge public opinion and informs the Law Makers of changes in values and attitudes

60
Q

What does the use of Social Media include?

A

Writing letters to the editor, newspapers & participation in television as well radio discussions & interviewers

61
Q

Why may laws need to change?

A 
Community Values shift
Legal System Expectations change
Nature of Business 
Technology changes 
International Relationships change
62
Q

How effective are petitions?

A

Parliament imposes certain rules and regulations on the form and content of petitions

63
Q

What is one strength and corresponding weakness to parliament as a law maker

A

Parliament as a law maker has it’s strengths, one such being; the fact that parliament’s main role in society is to make laws which govern us as a nation. A weakness which parliaments faces is that parliament only sits 40 - 70 days per year

Legal 3/4 (8 decks)

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