Chapter 2.1 (Limiting Government) Flashcards
What are the three main principles of good government?
- Limiting government: The power of the government should be restricted, this is done so through the separation of powers and rule of law.
- Checking government: The government should be accountable to the people, and requires citizens to have rights. One main model of this is Britain’s idea of responsible government.
- Voice of the people principles: Concepts including representative government, democratic voting and having a democratic society.
Why is the independence of the judiciary important?
In Australia, the independence of the judiciary is so important as the lines between the legislature and the executive are already blurred. This is because the executive branch is made up of the Prime Minister and his selected senior ministers, who are all members of parliament. The independence of the judiciary means everybody is equal before the law and there is no abuse of power.
Define sovereignty.
Sovereignty is the supreme authority to govern an independent nation. In constitutional democracies, sovereignty is based on the will of the people.
What is a constitution?
A constitution is a set of basic laws by which a state or nation is governed. It may include principles, powers and political system processes. A political constitution is aa set of laws that “governs the governors”.
What is a constitutional monarchy?
In a constitutional monarchy, the monarch is almost completely restricted to acting on the advice of an elected parliament.
What is constitutionalism?
The main idea of constitutionalism is that law limits power. Governments only have the authority to exercise powers that are set out in a constitution.
What is a subject?
A subject is required to be lawful and obedient to the ruler. Absolute monarchies and dictators rule over subjects.
What is citizenship?
A citizen is someone living in a society with a modern constitutionalist government. Citizenship requires limited government and the rule of law, as well as the responsibilities of living in a free society. Citizens have rights such as freedom of speech, legal rights such as voting, economic rights such as education as well as cultural rights.
What is the rule of law?
Rule of law means that the actions of the government must too be lawful. All citizens are equal before the law, there must be effective ways of holding government accountable and the law must be clear and understandable. The standards applied to citizens are also applied to government.
What are the four main features of the rule of law?
- The law applies to all citizens, whatever their status of power. The law equally binds those who enforce it.
- There must be effective ways of holding governments and officials accountable. This is why we have a separation of powers.
- All citizens are equal before the law. This sets a minimum standard of requirement that people have the same legal rights.
- The law must be understandable and clear so people can easily comply with it. New law should set standards for future actions rather than making a past action illegal that was within the law when it occurred.
What responsibilities does the rule of law create?
The rule of law creates responsibilities for both citizens and government. Legal powers must ensure that all people who appear in court get a fair hearing. Citizens must respect the law and must accept the protection of the rule of the law applies to all other citizens.
