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Humanities > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Define rule of law

A

The principle that all people and institution are subject to and accountable to law that is fairly applied and enforced

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2
Q

What is the constitution

A

A set of rules or laws

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3
Q

What is a referendum

A

A general vote by the electorate on a single political question, which has been referred to them for a direct decision

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4
Q

Define direct action

A

Direct action uses activities such as strikes, protests and marches to achieve their means

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5
Q

Define defamation

A

The action of damaging the good reputation of someone

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6
Q

What is a lobby group

A

Lobby groups are formed to represent particular issues that they want the government to support

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7
Q

What is a double majority

A

A referendum that requires 50% +1 of the whole country, and 4/6 states majority

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8
Q

What is a bill of rights

A

A bill of rights is a piece of law that guarantees basic individual rights and freedoms

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9
Q

What is an absolute majority

A

A situation in which one person or political party wins more than half of the total votes in an election

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10
Q

What are express rights

A

Rights that are specifically stated and clearly spelled out in the constitution

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11
Q

What are implied rights

A

rights that are not clearly outlined in the constitution

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12
Q

What is the premier and his job

A

First in importance, order, or position

His job is to make decisions for Australia

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13
Q

What is the prime minister and what is their job

A

The head of an elected government

Their job is to introduce laws into the parliament

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14
Q

Define electorate

A

All the people in an area or country who are entitled to vote in an election

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15
Q

Define the term rights

A

A legal entitlement to have or do something

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16
Q

Define the term freedom

A

The power or right to act, speak or think as one wants

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17
Q

Define common law

A

Not all laws are made by parliament, some are made by judges. These are common laws

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18
Q

List the express rights and where you can find them

A 
Freedom of religion
Trial of jury 
Compensation of acquired property 
Residential non discrimination 
Interstate trade

These can be in the constitution

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19
Q

List the implied rights and state where you can find them

A 
Freedom of religion 
Trial by jury
Compensation for acquired property
Residential non-discrimination 
Interstate trade

In the constitution

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20
Q

Explain freedom of religion and state the section of the constitution

A

This protects freedom of religion by preventing the commonwealth from making laws establishing a religion
Section 11

21
Q

Explain trial by jury

A

Trial by jury is a legal preceding in which a jury makes a decision, which then directs the actions of a judge

22
Q

Explain compensation for acquired property and what section of the constitution it is in

A

The government must only do this “on just terms”, usually by providing the landowners with a payment that is equal or greater to the value of the land if they acquire land for a building project, road expansion, mining or other infrastructure
Section 51

23
Q

Explain residential non- discrimination and what section of the constitution it is in

A

Protects Australian citizens from being discriminated against by the laws of a state in which they do not live
Section 117

24
Q

Explain interstate trade and name the section of the constitution it is in

A

All trade and commerce among the states shall be absolutely free
Section 92

25
Q

List the types implied rights and where you can find them

A 
Freedom of speech
Freedom of association 
Freedom of assembly 
Freedom of religion 
Freedom of movement  
You can find these in courts, parliament but you CANNOT find these in the constitution
26
Q

Explain freedom of speech

A

Everyone has the right to express their opinion unless it is illegal and it has to be factual. Freedom of speech is not an excuse to harm others.

27
Q

Explain freedom of association

A

We are free to choose any association as long as it is legal

28
Q

Explain freedom of assembly

A

Australians are free to meet anyone anywhere as long as it is legal

29
Q

Explain freedom of religion

A

You a free to join any religion as long as the religious practices are legal

30
Q

What are the five freedoms?

A

Freedom of association, movement, assembly, religion and speech

31
Q

Explain freedom of movement

A

The ability to move through states and seas knowing you will be able to return

32
Q

What do members of the parliament not have a responsibility for?

A

Keeping their constituents up to date with current policies

33
Q

Electorates are divided up according to what?

A

The elected representatives

34
Q

Explain how public interest can overrule democratic freedoms

A

It can overrule because if elected representatives want to be voted in the election they will go with the public

35
Q

Provide two examples where freedoms of speech becomes illegal

A

When someone says something that isn’t factual or if they say something that ruins another persons reputation

36
Q

Why is it important that citizens remain interested and active in the community and public

A

So everybody’s rights are met and their rights are protected

37
Q

List two ways to participate in a democracy

A

Stand for office or fund a political party

38
Q

Name one aim of lobbying

A

Convince the government to pass laws that favour their cause

39
Q

Name some reasons why should have a bill of rights

A

Democratic freedoms would be guaranteed in law and not just implied in the constitution

State, territory and federal laws are inconsistent

Judges are used to making decisions about difficult issues that parliament tend to avoid defer

40
Q

Is the common law flexible and negotiable or hard to get around

A

Flexible and negotiable

41
Q

What is direct action?

A

Using more aggressive measures to get your point across

42
Q

Explain freedom of association

A

The freedom to join any group or organisation, as long as it is legal

43
Q

Explain freedom of assembly

A

The freedom of being able to meet together in a public or private place. At also means the right to a peaceful protest

44
Q

How many years do the people in the House of Representatives stay the same?

A

3 years

45
Q

How many years do the people in the senate stay the same?

A

Six years but every 3 years there is an election

46
Q

Name some reasons why we shouldn’t have a bill of rights

A

It enables judges to interpret and change the meaning of laws

Moral issues become political ones

Major decisions are left with judges who are not elected by the people

47
Q

How are rights protected in Australia

A

Legislation (anti-discrimination)
Courts
Constitution

48
Q

Do you think Australia needs a bill of rights? Why/Why not?

A

I think that Australia doesn’t need a bill of rights as there are many places already where you can find all the freedoms. It is also a very long process to get it then having to change it sometimes and it becomes an issue.

Humanities (9 decks)

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