Australian Legal System Flashcards
How does a bill become an act in federal parliament
A bill can only become a law if it is passed by a majority vote in the Senate and the House of Representatives. The bill must be agreed to in identical form by both the Senate and House, and given Royal Assent by the Governor-General. It is then known as an Act of Parliament.
- Difference between statue law and common case/law
1- Common law or case law is law as declared by judges. Statute Law can also be called Legislation (made by Parliament).
2- Common law is based on judgments made in the past over hundreds of years. Statutory laws have statutes as their basis.
3-If no statute law applies to cover a particular situation, common law will apply; however, statute law always overrides common law.
what is Qld’s court hierarchy
Our legal system has a range of courts and tribunals, including the Queensland Civil and Administrative Tribunal (QCAT), Magistrates Court, District Court and Supreme Court of Queensland. The High Court of Australia is the highest court in every state and territory.
- The role of political parties including what role independants play
A political party is an organisation that represents a particular group of people or set of ideas. An independant represents an electorate or state or territory in the same way as all members of parliament do
can be elected to either the Senate or the House of Representatives.
what are the Commonwealth parliaments powers
The Parliament may, make laws on: trade and commerce with other countries, and among the States.
1- Executive power is a power with significant content but ill-defined limits.
2-Concurrent powers powers shared by the federal Parliament, and the state and territory parliaments
EG- marriage, divorce and bankruptcy.
3- residual powers are not found in the Constitution and are left over to the States. EG-criminal law, education and health.
The safeguards to Australia’s democratic society
The enduring success of Australia’s democracy rests on many vital foundations including a free press, informed and diverse debate, the rule of law, free and fair elections, active civil society and the checks and balances provided by courts and other institutions
Number of strategies used to persuade citizens electoral choices
The Australian electorate has experienced three types of voting system First Past the Post, Preferential Voting and Proportional Representation (Single Transferable Vote).
- Australia’s principles of government
The six foundation principles are democracy, the rule of law, the separation of powers, federalism, nationhood and rights balanced by responsibilities.
- Australias international obligations
Australia is a party to the seven core international human rights treaties: the International Covenant on Civil and Political Rights (ICCPR) the International Covenant on Economic, Social and Cultural Rights (ICESCR) the International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
- 3 branches of separation powers and the purpose of this doctrine
The separation of powers divides the institutions of government into three branches: legislative, executive and judicial: the legislature makes the laws; the executive puts the laws into operation; and the judiciary interprets the laws.
- Explain the election process
Australia is a representative democracy, which means Australians vote to elect members of parliament to make laws and decisions on their behalf. Elections are conducted by the Australian electoral commission. Australian voters elect members of parliament to represent them on election day
- Compare and contrast Australia and Indonesia’s systems of government
Indonesia and Australia, though geographically close countries, are strangers in many significant respects. They do share common interests, including the objectives of a stable and secure region and economic well-being. unlike in Australia where voting is compulsory for citizens, Indonesians can choose to exercise their right to vote or to decide not to vote.
- Explain the purpose of constituition
A constitution provides the basis for governance in a country, which is essential to making sure that everyone’s interests and needs are addressed. It determines how laws are made and details the process by which the government rules.
- Explain key responsibilities of Australia in relation to its international role as a member of the UN-
- Australia has made important contributions to UN activity for more than 60 years, including in the areas of peace and security, human rights, development assistance and social, economic and environmental affairs. Australia also provides significant financial support to the UN.
Indonesia gov
first para:
Indonesian politics are governed by a e democratic republic in which the President of Indonesia serves as both the head of state and the head of government, as well as a multi-party system.
The Republic of Indonesia was declared in 1945, with a proclaimed jurisdiction over the the entire area of the former Dutch (or Netherlands) East Indies.
