Chapter 1 Democracy and Rule of Law ROBYN Flashcards
Definition: Democracy
- Democracy is a form of government in which the people govern themselves
What is a representative democracy?
In a representative democracy is when the people vote for who they want to represent them in parliament
What is Majority rule?
Majority rule - The will of the majority is now expressed through the composition of the elected parliament rather than directly in every decision of the law.
What is liberal democracy?
Liberal democracy is a form of government in which a country’s sovereignty is vested in its citizens so the people have a right to govern themselves this is not a simple majority rule because a liberal democracy respects the rights of minorities to stop oppression.
What is the 4 operating principles democracy?
- Majority rule: legislation chosen by the people. Laws are made up of parliament by representatives elected by the people.
- Equality of political rights: Political rights are entitlements essential to citizens’ ability to govern themselves. They are allowed to vote (any person who is a citizen (over 18) can vote
- Political Freedom: Political freedoms are entitlements people have to allow them to participate in their government. They are able to make choices without intimidation, coercion or pressure from those with power. They are allowed freedom of speech unless it is racist or offensive and can create pressure groups
- Political participation: This occurs when people actively take care of their own government. They do this by voting, learning about debate issues, pressure groups, writing to parliament, protesting and donating.
What is one principle of Majority rule?
A legislature chosen by the people. Laws are made by a parliament composed of representatives chosen by the people. This ensures that Laws reflect the values of majority rules.
What is another principle of Majority rule?
An executive is chosen by the people. The executive known as the government executives the laws and makes policies to implement
What is Political rights?
Political rights are essential to citizens’ ability to govern themselves.
What is political freedom?
Political freedoms are entitlements people have that enable them
What is political participation?
Occurs when people actively take part in their own government, use of rights and freedoms
What is the Rule of Law?
the principle by which everyone is subject to the law and no one is above the law
- The law that protects citizens equally and political rights/freedoms
What is the universality Law
Nobody above the Law
What should Laws be?
Clear, coherent, concise and well known
What methods are used to uphold the rule of Law
Judicial independence is a mathod that upholds the rule of law because it guarentees that judges cannot be pressured by gov or powerful people to make descisions in court taht would apply the law unequally to a group or individual.
What does it mean when said ‘freedoms and equality before the law’
Rule of Law exists when the law protects citizens equality and political rights and freedoms. This protects
How to make the law work
- must be created
- carried out or administered
- applied in ways that resolve specific disputes
These three aspects of the law are separated from each other in liberal democracy.
When powers are separated they can provide accountability, or check and balances
What is the principle of Seperation of powers
It is the idea that the organisation of the functions of governemnt are organised in such away that prevents concentration of powers in the hands of one leader or an elite group
Case study: separation of powers
Clive palmer case vs WA
What are the branches in those powers?
- Judicial
- Branches
- Executive
Definition: Legislation
They make or create the law, they are called a parliament, congress or assembly. The key part of representation in parliament. This institution is directly elected and expresses majority rule. Citizens delegate their sovereignty to members of parliament.
Definition: Judicial
Judiciaries resolve disputes by interpreting the law in specific cases. The courts are arranged in lower to higher and lower to solve minor disputes.
Definition: Executive
Executives administer or execute the law made by the legislature. An executive may be called a cabinet, ministry, or administrates. They contain ministers, and ministers are responsible for areas such as defence or welfare.
Definition: Parliamentarians
Parliamentarians = create laws
Definition: Ministers
Ministers = administer, or carry out the law
Definition: Judges
Judges = Decide on how the law applies in specific cases and make legally binding decisions
Definition: Checks
Checks- Are limits to power
Definition: Balances
Balances- are an equivalent of different types of power
