Chapter 3 and 4: Creating Australian democracy, modern systems of government Flashcards
Bicameral parliament
A parliamentary structure that has two houses ie House of Representatives and the Senate in Australia and the US
Terra nullius
The legal precedent established in Australia by the Murrell case (1836) which was that Australia was vacant land upon the arrival and settlement of the British in 1788.
Referendum
A direct vote of the electorate on a policy proposal. The results of a referendum are binding and the process is set out in s128 of the Constitution, where a majority of citizens and a majority of States must agree to the proposition.
Unitary government
A government system where there is only one level of government as opposed to a federal system which has two or more levels. New Zealand has such a system.
Double dissolution
An election process triggered by the dissolving of both houses of parliament by the Prime Minister of the day to resolve a parliamentary deadlock. The provisions are set out in s57 of the Constitution and were enacted by Malcolm Turnbull in 2016.
Concurrent powers
Powers set out in s51 of the Constitution which empower the States and the Commonwealth to make law (shared power) in the areas enumerated eg marriage, taxation.
Vertical fiscal imbalance
The situation in a federation where the expenditure responsibility of a government does not correspond with its own sources of revenue. In Australia, there is an imbalance where the Commonwealth has far greater revenue than responsibilities.
Original jursidiction
The disputes that a court hears on their first presentation. For example, the High Court has original jurisdiction over constitutional matters, the Magistrates Court has original jurisdiction over misdemeanors.
Residual powers
Those powers of government which are not spelled out in the Constitution is either exclusive to the Commonwealth or concurrently shared by the States and the Commonwealth. Examples include sport, health and the environment.
Express powers
Constitutional powers of the Governor General that by convention are exercised on behalf of the parliament. They are fictional or ceremonial powers including giving royal assent or opening parliament.
Cabinet government
The executive body of the government. It is the decision-making group consisting of the Prime Minister (or Premier) and senior ministers (inner ministry)
Washminster system/mutation
The blending of the Westminster system of responsible parliamentary government and a federal division of powers based on the model adopted by the US.
Westminster system
Any political system based on the conventions followed by the UK parliament. It is the process of responsible parliamentary government where the executive is formed from the party holding a parliamentary majority in the power house eg Australia
Legislative Council
The Upper House of the WA parliament based on proportional representation which operates as a house of review
Reserve powers
Constitutional powers of the Governor General that may, under certain circumstances, be exercised on the GG’s inititiative. It is generally accepted that these include the right to call an election when there is a hung parliament.
Express powers
Constitutional powers of the Governor General that by convention are exercised on behalf of the parliament. They are considered fictional or ceremonial powers such as assenting to laws and opening parliament.
Federal balance
The state of the relationship between the respective levels of government within a federation. This is determined by the extent to which powers and responsibilities are shared and most particularly, the extent to which a government has the revenue to meet its responsibilities eg Australian states have a funding shortfall, Commonwealth has a funding surplus.
Referendum (constitutional)
A direct vote of the electorate on a policy proposal. The results are generally binding and the process is set out in s128 of the Constitution, where a majority of voters and the States must agree with the proposal.
Appellate jurisdiction
The authority of a higher court to hear appeals from a lower courts eg the District Court has appellate jurisdiction over the Magistrates Court.
Westminster conventions
The conventions or practices which underlie the Westminster system. These include the necessity for the executive to maintain a majority in the lower house of parliament and that a minister resigns if they do not have the confidence of the lower house.
Constitutional preamble
The part of the Constitution which sets out the aims and principles of the Constitution.
Coercive federalism
In a federal system where an imbalance lies in the power exerted by the central government over the regional level, a coercive relationship exists.
Cooperative federalism
A relationship within a federation where the levels of government cooperate in their management of responsibilities.
Dual federalism
A federation such as in the US, which has an effective central government with the states retaining significant powers.
Referral of powers
This can occur under the Constitution, where a state may hand over an area of authority to the Commonwealth. This process can only flow one way and is not reversible eg Victoria ceded industrial relations power in 1996 and all states ceded criminal code powers in 2003 to counter terrorism.
