AUS Constitution - SoP, representive and responsible gov. a Flashcards
Levels of Gov
levels
Federal, state and local
What is the role of federal gov.
representative gov. - exclusive powers
Federal gov. makes laws that address issues that affect the entire nation
e.g immigration, taxation, postal services, defence forces and airports
section 51 establishes federal gov. powers
what is the role of state gov.
representive gov. - residual powers
State gov. can pass laws in any areas of the state not listed in Aus constitution
e.g Eductation, hospitals, law courts, police, emergency services and railways.
What is the role of the local gov.
representive gov - shire/council
Allowed to pass laws and regulations that aply to the local area
e.g town planning, local roads, public libraries rubbish and sewage disposals
the city council is reponsible for local matter and makes laws reflectant on the communities needs and wants without state approval
Seperation of powers
SOP requires all 3 arms of gov. to be seperate and ensure no individual body/group has complete control therefore the legislative, executive and judiciary powers are strictly seperate
What are the branches of gov.
Legislative, Executive and Judicial
what is the role of the Legislative branch
parliament as a lawmaking body - bills go through a rigurous process in parliament (HOR & senate) to create laws
what is the role of the execurtive branch
the cabinet has the power of encorcing and administering the laws by using police forces
what is the role of the judicial branch
role is to interpret and apply the law in courts to carry out an appropriate punishment for those who break the law - without bias
what is the definition of representative gov.
exists to represent the people/nation therefore they must act in the best interest of the people and make laws to keep the peace and for the good of governance
define responsible gov
A responsible government is accountable to the people’s elected representatives for its actions - the SoP works together with the responsible government principle to guide the way the law is made and managed by the parliament
Define a democracy
A democracy is a government by the people who have choose governing officials to have the authority to deliberate and decide legislation
What is a referendum
Any change to the constitution requires a referendum and approval of a majority of voters nationwide - they must vote to a direct question presented to the nation for their approval or rejection.
define double dissolution
the termination of the HoR and the Senate by the Govenor-General and calling of new elections for both houses
define joint sitting
both houses of parliament meet together to make a decision on a proposed law on which the two houses, sitting seperately, have not been able to agree on
define Bicameral
parliament consisting fo two houses of parliament
difne Bicameral
parliament consisting of two houses - Hor and Senate
defien unicameral
a system of gov. consisting of only one parliament - only in QLD
define rule of law
rule of law where it is made on fairly balanced individual rights of justice, to be transparent and interpretable by courts and judges, as well as being consistent and stable where the Australian society has clarity and confidence in the law, enforcements and decisions
define just and equitable outcomes
Aim of law is to achieve equal and equitable outcome and to treat all citizens equally before the law - Everyone should be treated equally (especially before the law) and everyone has access to the same legal rights and opportunities
deinfie concurrent powers
powers under the constitution that may be exercised by both Federal and the states.
