Chapter 9: The People and the Law

Question 1

When, why and by whom was the Magna Carta signed?

Answer 1

Signed by King John in 1215

Bad monarch – high taxing + failed wars – forced to sign by nobles

Question 2

What is parliament?

Answer 2

A formal assembly of representative of the people, elected by the people, that gathers together to make laws.

Question 3

What is a bicameral parliament?

Answer 3

Parliament with two houses/chambers

Question 4

When was the word ‘parliament’ first used? Why?

Answer 4

1215

Describe the Great Council (nobles advising King on range of matters)

Question 5

When did the concept of a bicameral parliament first emerge?

Answer 5

1350

Question 6

Outline the structure of the historic British bicameral parliament

Answer 6

Upper house: house of lords (nobles + clergy)

Lower house: house of commons (knights and townspeople selected to rep each town/county)

Question 7

How were members of the House of Lords and the House of Commons selected?

Answer 7

House of Lords - appointed

House of Commons - elected

Question 8

What is the British parliamentary system called?

Answer 8

The Westminster System

Question 9

Define the Westminster system

Answer 9

A parliamentary system of gov. developed in Britain upon which Australia’s parliamentary system is modelled.

KEY FEATURES:

• two houses (bicameral parliament)
• monarch is head of state

Question 10

What is the federation of Australia?

Answer 10

The union of sovereign state that gave up some of their powers to a central authority to form Australia

Question 11

What is the Australian Constitution?

Answer 11

A set of rules and principles that guide the way Australia is governed.
Formally known as Commonwealth of Australia Constitution Act 1900 (UK)

Question 12

When did the Commonwealth of Australia Constitution Act 1900 (UK) come into force?

Answer 12

January 1 1901

Question 13

How many houses do the Australian parliaments have?

Answer 13

2 (all STATE PARLIAMENTS are bicameral EXCEPT QUEENSLAND)

Queensland and Territory parliaments are UNICAMERAL (have one house: legislative assembly)

Question 14

Identify and define Australia’s system of government?

Answer 14

Constitutional monarchy:

• monarch is head of state
• parliament makes laws under terms of constitution

Question 15

In addition to being a constitutional monarchy, is Australia also a representative democracy?

Answer 15

Yes

Question 16

What is a representative democracy?

Answer 16

system of gov. where all eligible citizens vote to elect reps. into parliament to make laws and govern on their behalf

Question 17

How many Aus. parliaments in total? List each.

Answer 17

9 TOTAL

1 Commonwealth/Federal/Central Parliament 
6 State Parliaments: 
- vic 
- nsw 
- south australia
- tasmania 
- queensland 
- western australia 

2 Territory Parliaments:

• ACT
• Northern Territory

Question 18

Define the rule of law

Answer 18

The principle that everyone - regardless of personal characteristics - is bound by and must obey the law, and that laws should be fair and clear, so people are willing and able to abide by them.

Question 19

List ways in which the rule of law is upheld

Answer 19

• Constitution restrains parliament’s law-making power
• judges interpret law without pressure from gov. and are independent of gov. and parliament
• laws made by parliament are subject to free + open criticism & people can seek to influence change in the law (law reform)
• people can protest against unfair laws and can assemble/associate without fear
• people can use the courts to contest laws made by parliament
• statutory interpretation (judges can interpret laws made by parliament when a case comes before them that requires the meaning of the law to be clarified)