Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Yr 12 Politics and Law > CHAPTER 2 > Flashcards

CHAPTER 2 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What does s7 do?

A
  • Established the senate as states house with equal representation for each original state, surreally 12 senators each, with territories having 2 senator each
  • requires the senate be ‘directly chosen by the people’ thus democracy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does Section 24 do?

A
  • establishes HOR as a people’s house with representation in proportion to the population of the states
  • requires the HOR to be ‘directly chosen by the people’ and is thus democratic
  • requires the House to be twice the size of the senate ( nexus clause)
  • limits original states to have no less than 5 members in the HOR- (tas only has pop for 3; wa had 16)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does Section 51 do?

A

Contains a list of legislative commonwealth concurrent heads of power under which parliament can make legislation, but not an exhaustive list as other powers are located elsewhere in the constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does Section 53 do?

A
  • Imposes a limit on the senates power to legislate money bills but otherwise states that the senate has equal powers to the house
  • removes possibility of rival government
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the 4 functions of parliament?

A

Representative- represent the people of a nation

Legislative- make statute laws, both money and non money acts

Responsibility- hold executive government to account

Debate- nations premier forums for discussion of issues

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How to define parliament style?

A

Washminster hybrid- as it adopts features from both the US or Washington model and he British Westminster system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are exclusive powers?

A

Powers exclusive to the commonwealth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are concurrent powers?

A

Powers that belong to both commonwealth and state parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Section 109 do?

A

Contains mechanisms for resolving conflicting legislation if the commonwealth and a state/s pass inconsistent laws under these shared powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is residual power?

A

Legislative Power of the states. S107 Preserves the states powers ( that that haven’t been exclusively granted to the commonwealth parliament )

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does s106 do?

A

Reserve the state constitutions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What does s108 do?

A

Preserve the states laws

+ verify this plz

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are powers that are exclusive by nature?

A

Heads of Power that are concurrent however it is illogical for the states to make laws about these matters

Eg. 51(is) ‘quarantine power’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Why is s51 (vi) exclusive?

A

Defence power made exclusive by s114 when prohibits the states from having armed forces
S119 also allows commonwealth to protect the state from invasion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Define malapporionment

A

Unequal representation??

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does Australia adopt from the US?

A
  • written federal constitution
  • upper ‘house of states’ ( the senate)
  • strong bicameralism- powers equal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does Australia adopt from the UK?

A
  • constitutional monarchy with queen incorporated into the parliament
  • lower house of government (HOR) formed by whoever commands majority
  • responsible parliamentary government operating under unwritten constitutional conventions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does s1 do?

A

State that legislative power is vested in federal parliament including the queen, senate and HOR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does s28 do?

A

Sets 3 year maximum term for HOR

20
Q

What does s13 do?

A

Sets the term for senators which is…..

21
Q

In theory how is parliaments representation function upheld?

A

Reflection of the will of the people
- s7 and s24 ‘directly chosen by the ppl’
- delegate and trustee representation theory’s
+ Mps are expected to talk to ppl and take their issues to parliament

22
Q

In practice how is parliaments representation function upheld?

A
  • Reflection of will of majority is mainly partisan due to political party dominance, with ppl voting for leaders instead of local reps. Eg Kevin 07 campaign
  • though their expected t talk to ppl, they can’t talk to every single individual
  • s7 & s24 still operate in practice
  • senate is also very diverse due to STV system that influences a voters ability to direct their votes/ preferences better than previously & makes it easier for minor parties to be elected
23
Q

In theory how is parliaments legislative function upheld?

A 
Legislative function is power to initiate, a,end pass and repeal legislation. S51,s53,s52
in theory are to make laws that are...
- scrutinised by statutory process
-have diversity of input 
-can be initiated by any MP
- follows statutory process
24
Q

In practice how is parliaments legislative function upheld?

A
  • parliament is efficient Eg. 2013 Gillard government passed 139 bills and government is often able to act quick in crisis Eg. July 2016 Emergency amendments to migration act by abbot gov
  • ability for bills to be scrutinised and debated with variety of input is limited by gagging the second reading debate, guillotining debate and floodgating bills. (Exec dominance allows this)
  • PMB rarely passed Eg. 2015 SSM bill shorten bill
  • lack of exec dominance in senate creates more diversity of input and makes it
25
Q

In theory how is parliaments Responsiblity function upheld?

A
  • exec drawn from and accountable to leg
    Gov only exists with support if House. Are expected to resign if motion of no C passed, No C votes hold gov to account and allow mechanism for exec dismissal (CMR)
  • individual ministers can also be dismissed by C motions (IMR)
  • question time holds exec accountable
  • expenditure must be approved each yea by both houses (scrutiny)
26
Q

In practice how is parliaments responsibility function upheld?

A
  • gov has majority in HOR+ dominance of party discipline = unlikely for motion of no C to pass.
  • C motions unlikely to pass in HOR. In senate more likely but lack of weight of Westminster convention = ministers don’t resign Eg, George brands
  • question time occurs each sitting day. A without and with notice = ACCOUNTABILITY
  • exec hold man in HOR so budget will pass. S53 senate can not initiate or amend,
    Eg. senate can technically reject tho Eg. 1975 crisis
    Eg. ABCC bill deadlock = DD election resolution
27
Q

In theory how is parliaments debate function upheld?

A
  • second reading
  • debate
  • question time
  • consideration in detail
  • committee system
28
Q

In practice how is parliaments debate function upheld?

A

Debate limited by…

  • gags
  • Guillaine
  • floodgating
29
Q

Why is parliaments representative function in decline?

A
  • party disciple and loyalty forces parliament to be more partisan than delegate or trustee for constitutes
  • majoritarian electoral system eliminates community diversity ( because 2 party system) being reflected in the ‘house of the the people’ and ‘house of government’
30
Q

Why is the parliaments legislative function in decline?

A
  • dominance of political executive in HOR prevents PMB from non governing parties being introduced, debated and passed
  • dominance of political executive in HOR virtually guarantees passage of government initiated legislation and enables it to floodgate bills as well as gag and guillotine legislative debate.
31
Q

Why is the parliaments responsibility function in decline?

A
  • executive dominance in HOR in times of majority gov = no accountability
  • ability for political exec to pass standing orders and rules around question time ( favour their own party)
  • RPG undermined by executive dominance = unlikely for motions of no C to pass + C motions can’t remove senators
32
Q

Why is the parliaments debate function in decline?

A
  • ability for exec to gag and guillotine debate through its control of standing orders in HOR
  • majoritarian electoral system = lack of diversity in HOR = deficiency in views being expressed in forms of debate
33
Q

What are the elements of good government?

A 
Accountable
Transparent
Follows the rule of law
Responsive
Equitable and inclusive
Effective and efficient
34
Q

How does the commonwealth parliament deliver good government through accountability?

A
  • despite exec dominance house may asked questions of ministers that they must answer truthfully to
  • despite Gags and guilltines and other govt tactics the house can still highlight major issues with leg and conduct debate
  • exec usually doesn’t control senate which ensures a BOP holding govt accountable flooding diversity of inputs and views

-senate has power to reject bills from the house to propose amendments of bills and initiate its own bills (esp s53) they can also disallow regulations
Eg.2014 senate held Abbott govt accountable for not passing promised parts of budget bills

35
Q

How does the commonwealth parliament deliver good government through transparency?

A
  • cabinet scrutinised and other parties within parliament ( eg, questioning, committees + parliamentary procedures)
  • senate committee x2 yearly estimates hearings into affairs of exec
  • gov must explain itself to its own part
36
Q

How does the commonwealth parliament deliver good government through following rule of law?

A
  • constitution and acts bind executive

- HC can define exec power

37
Q

How does the commonwealth parliament deliver good government by being responsive?

A
  • short election cycle of of 3 years keeping government responsive
  • exec responds to community concerns raised by party members
  • debates and questions raised by non gov members
  • gov sometimes must negotiate and accept senate amendments to bills. ( responsive to community concerns reflected through the senate)
  • minority governments more responsive to proposals of minorities and other parties
38
Q

How does the commonwealth parliament deliver good government by being equitable and inclusive ?

A
  • HOR and senate representatives of a broad range of community interests and opinions
  • parliamentary joint committee on human rights scrutinised bills for human rights compliance
39
Q

How does the commonwealth parliament deliver good government by being effective and efficient?

A
  • executive usually majority gov (exec dominance) meaning generally stable and unlikely to fall to votes of no confidence
  • preferential voting delivers clear majorities of
40
Q

Define the term political power?

A

….

41
Q

Define partisan

A

…

42
Q

Define delegate

A

…

43
Q

Define gags

A

…

44
Q

Define guilltines

A

…

45
Q

Define floodgates

A

…

46
Q

Define elements of good government

A

..

Yr 12 Politics and Law (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions