Chapter 2 Notes Flashcards
Define Separation of Powers
First devised by the French noble Montesquie, it is defined as the separation of government in to three bodies, the executive, the legislative and the judiciary. In his system these three bodies should be able to carry out their duties independent of one and other.
Define Constitutionalism
The idea that the power of government is limited by the rules of the constitution and the government can be challenged for such a breach in the law courts.
Define The rule of law
Better said as the rule of law, not men, it refers to how no person or group of people can decide on what is allowed or not allowed, the law dictates this.
Define Responsible Parliamentary government
Describes how the government are responsible or held accountable by the parliament who are in turn responsible for the people.
Define Representative Government
A government that is representative of the people in the society it governs.
Define Representative Parliament
A parliament that is representative of the people, which means it must have an adequate voting system that accounts for minorities in society.
Define Sovereignty
The supreme authority to govern an independent nation. In non-democratic systems, this is based on traditional or religious authority but in democratic system this is based on the consent of the people.
Define Political participation
Ones right to participate equally in politics regardless of wealth and social stature.
Define Natural Justice
The judical process which in a democratic society should be deemed natural, that the due process of court should be applied to everyone including the right to know what one is being charged with and the right of innocent until proven guilty.
Define Citizenship
Different from subjects, citizens are granted definite political and civil rights.
Define Independence from the Judiciary
Part of the separation of powers, it requires the judicial arm of government to be completely separate from the other two as much as possible.
Define Constitutional Monarchy
A form of government in which the monarch still exists but purely as a symbol, they almost always are dictated by the will of politicians.
Define Republic
A society which contains a representative government but has a set out constitution which protects minorities from intervention from the government.
Define Democratic Republic
A half democracy half republic, in which democratic principals still exist but there is a clear set out constitution that protects minorities.
Define Political and legal rights
Political rights include the right to free speech and the right to form groups for any legal activity, as well as the freedom of the press. Legal rights refer to the right to be treated equally and not be discriminated upon for any reason. All citizens must be granted these rights in a democratic society.
Define Free and fair elections
This includes a number of principals, the right for every citizen to vote and for all their votes to be counted the same, as well as being able to recognize minority groups. The government must also be held accountable by the citizens through criticism and peaceful protests. Lastly, political participation must be present, all citizens must have the right to participate in politics without discrimination.
Define Accountability
The concept that there is a system of accountability the exists throughout government which ultimately leaves the executive and the legislative to be held accountable by the people, that is if they are doing a bad job something can be done about it.
Define Westminster System
A system of government in which the legislative and executive arms of government are held responsible by the people, since the parliament can vote to depose the prime minister at any time and the parliament is ultimately held accountable by the people at all times.
Define US Presidential Model
The US model of government which features the legislative (congress) almost completely from the executive who is instead elected directly by the people. The executive are held accountable by the people every election time and congress can vote to impeach a president that has committed a crime.
Define Franchise
The right for someone or a certain group to vote
Define Federalism
The structure of government in which governing power is divided into two or more separate tiers of government such as a state and national government. Both levels have the right to make laws over their own areas of responsibilities and any disputes between levels must be resolved by an independent body, say the high courts.
Define Confederation
A group of sovereign independent nations united in a certain way for economic, diplomatic or defence purposes.
Elaborate on the following; What are the main principles of good government?
The main principals of good government include limiting government, checking government and voice of the people.
Limiting government are ideas and concepts that limit the government’s power of citizens including the separation of powers, the rule of law, citizenship, constitutionalism and sovereignty.
Checking government are all the processes that intend to make the government held accountable by the people. This includes the Westminster chain of accountability and free and fair elections. Accountability must exist in order to ensure political and civil rights for citizens.
Voice of the People included a representative government, voting rights and the idea of a democratic society.
Elaborate on the following; What are the essential features of the rule of law?
The law applies equally to all citizens regardless of what power they hold or their social status, they law equally applies to those who bind or enforce it.
There must be effective ways of holding government officials accountable, which restates the need for the separation of powers.
Citizens are equal before the law regardless of any wealth or social status.
The law must be completely understandable and known to all citizens so people can easily comply with it. This included the prospect of laws not being made retrospective.
Elaborate on the following; Identify some pros and cons of federalism
Pros:
- Regional governments are seen as closer to the people and therefore have more of a right and can better govern those people.
- Political freedom is said to be increased since more power is divided within government.
- Competition between regional governments encourages innovation in government services that promote better quality programs.
Cons:
- Leads to over-government, which means more administrative costs and duplicate services.
- Exacerbates conflict between sections of government and creates excessive legalism (Allowing courts to make constitutional decisions that are seen as political).
- Divides powers which could impede a nations decisions to make national decisions in policy areas like the environment.