chapter 1 key terms. Flashcards
citizens
the inhabitants of a sovereign nation state (and a state within a federation) who possess political rights and freedoms, participate in their own government and enjoy the protection of these rights by law. they also enjoy legal rights protecting them from the arbitrary use of power.
checks and balances
a system by which the powers of one arm or branch of government limits the powers of the other arms of government. complementary to the doctrine of the separation of powers.
democracy
a system of government based on popular sovereignty (the will of the majority). its key operating principle is majority rule.
direct democracy
a system of government in which citizens govern themselves by personal participation in law making. referenda and plebiscites are modern mechanisms of such.
representative democracy
a form of government in which the people are sovereign, but are represented in government by elected members of an assembly (parliament) acting as their representatives. such representatives may be delegates, trustees, or partisans.
majority rule
a key operating principle of a liberal democracy. it is based on popular sovereignty and expression of the will of the majority in government and law making.
liberal democracy
a system of government which is based on both popular sovereignty (the will of the majority) and the respect and protection of rights.
‘tyranny of the majority’
a system of government in which majority rule is untempered by a liberal respect for the political and legal rights of minorities. there are no legal restraints preventing a ‘popular government’ based on majority rule from persecuting unpopular minorities. may be also termed as ‘illiberal democracy’.
sovereignty
the unlimited authority of a nation state or a state within a federation to govern itself. this concept requires a geographical territory, a population, and a political and legal system to govern the people and territory. in democracies, this concept is vested in the people.
equality of political rights
a key operating principle of a liberal democracy. all citizens shall be equally entitled to these rights, which include the right to vote, the right to run for political office, and the right to participate in government.
political freedoms
a key operating principle of a liberal democracy. these are entitlements enjoyed by all citizens and that enable political participation. these include the freedoms of conscience, speech, association and assembly, and media and the press.
political participation
a key operating principle of a liberal democracy. political rights and freedoms enable citizens to participate in political processes, which, in turn, permits citizens a role in their own government.
the rule of law
in simple terms, this is the principle in which everyone is subject to the law. all people, governments, corporations, and other entities are subject to the law regardless of power, wealth, or any other quality.
separation of powers
a doctrine by which the functions of government to make, carry out, interpret and enforce the laws are dispersed to prevent the concentration of power. first described by french aristocrat, charles de montesquieu. a key feature of democracy. complementary to checks and balances.
judiciary
the branch (or arm) of government which adjudicates disputes by interpreting the laws and applying them to specific circumstances in cases heard in courts.
court
the main institution of the judicial branch of government. an institution that aims to resolve disputes according to law.
executive
the branch (or arm) of government responsible for the execution or administration of laws made by the legislature. often simply referred to as ‘the government’.
electorate
a geographical area in which citizens vote to elect a representative and, subsequently, a parliamentarian who represents them in parliament.
elections
a process enabling citizens to choose representatives to sit in a representative legislature and act as their delegates or trustees in law making.
federalism
a system of government in which sovereignty is geographically divided between one central and two or more regional governments, each sovereign within their own sphere.
franchise
described generally as the ‘right to vote’.
judicial independence
the judiciary must be completely free from interference and influence from the parliament, the government, or any other institution or person.
legislature
the branch (or arm) of government which makes law by initiating, debating, amending, or abolishing statutes via the statutory process.
sovereignty of parliament
in a political and legal system where both common and statute laws are created, and if they come into conflict the statute will prevail. the only exception to this is high court judgements on the constitution.
westminster conventions of responsible parliamentary government
unwritten constitutional rules that govern the practice of government in systems derived from the british westminster system: government is formed by the party which has the confidence (the majority) of the lower house of the parliament; the governor-general always acts on the advice of federal executive council (exco); the prime minister must be a member of the lower house; royal assent is always given; following a motion of no confidence, a minster or government should resign.
constitutionalism
the idea that power should be limited (law limits power). democratic constitutions are founded on this idea.
division of powers
in a federation, the powers of each level of government are divided. some are exclusive to the federal level, some are shared by the federal and state levels of government, while the states also retain powers they enjoyed prior to federation.
