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Legal Studies > Chp 2 - The Australian Parliamentary system > Flashcards

Chp 2 - The Australian Parliamentary system Flashcards

1
Q

bbicameral

A

a parliament with an upper and lower house (and sovereign)

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2
Q

cabinet

A

the meetings of the leader of the government and the most senior members (made up of both houses)
- the way the cabinet is, is not set out by the constitution - it just follows he west minster system

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3
Q

Crown

A

the authority of the monarch represented by the governor general or governor general. retains the right to accept/refuse proposal from both houses

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4
Q

Federation

A

the joining together of separate states to form one nation

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5
Q

Government

A

the party ( or parties in coalition) holding a majority of seats in the lower house

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6
Q

High Court

A

The highest court in Australia established by the constitution and the only court with the authority to interpret the Constitution

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7
Q

House of Representatives

A

The lowest house of the commonwealth parliament

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8
Q

Legislative Assembly

A

the lower house of the Victorian parliament

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9
Q

Legislative Council

A

The upper house of the Victorian parliament

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10
Q

Parliament

A

the supreme law-making body consisting of elected representation and the crown

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11
Q

Senate

A

the upper house of the Commonwealth parliament

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12
Q

Separation of powers

A

the division of the powers among legislation, administrative and judicial bodies to provide a system of checks and balances

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13
Q

Westminster System

A

Australia adopted it from British parliament. this system is bicameral

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14
Q

Cession

A

voluntary assignment of land to another country

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15
Q

Conquering

A

to gain or acquire land by force

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16
Q

Settlement/ Colonisation

A

to take up permanent occupation of land (often disregarding the territories existing people)

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17
Q

Terra Nullis

A

empty land or land belonging to no one

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18
Q

Australia: Before federation

A
  • Australia was considered terra nullis.
  • it was originally a convict colony
  • free settlers wanted Westminster style government
  • granted by British parliament passing a colonial constitution for each colony- each had limited law-making powers
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19
Q

Federation

A
  • (1881-1900) discussed forming a federation of the 6 colonies
  • wanted to create a central authority to legislate for national issues
  • yet retain the power to govern its own territory
20
Q

Federal System

A
  • Australia has this style
  • country is divided into states each with their own parliament which can exercise powers such as: transport, power, water and education.
  • there is a national/ central authority that takes care of e.g. defence, currency, trade
21
Q

(PIA)The constitution

A
  • passed by British parliament and came into force on 01/01/1901
  • forms the guidelines for federation
  • sets out the structure of the commonwealth parliament (bicameral) and its powers to make laws
  • defines the relationship between commonwealth parliament an the states
  • high court is the highest court of appeal
  • coloneys became states
22
Q

the Australia Acts

A
  • (1986)
  • cut the links between Great Britain and the states
  • identical acts enacted in aus and Britain on the same day
  • established the high court as the final court of appeal
23
Q

Key principles of the Australian Parliamentary System

A
  • separation of powers
  • representative government
  • responsible government
24
Q

separation of powers

A
  • different bodies perform the three functions of a legal system.
  • prevents the corruption of the legal system by providing checks on each other
  • legislative, executive, judicial
25
Q

legislative function

A

parliament is the law-making power (section 1)

  • federal: commonwealth parliament
  • state: state parliament
26
Q

executive function

A
  • governor general was given the executive function (section 61) . in practice though the power belongs to the government because the governor general acts on the advice of the government
27
Q

judicial function

A

the responsibility of making laws was given to the courts (section 71). courts have the power to interpret the law and are not subject to political interference.

28
Q

overlap between legislative and executive powers

A

overlap of members: government makes u the majority party in parliament, governor general is also part of parliament
overlap of responsibilities: parliament delegates law making power to government departments allowing them to make regulations or delegated legislation.

29
Q

reasons for the separation of powers

A

helps prevent the government from corruption by preventing one body form having all the power. the different bodies also provide checks and balances on the other bodies possibly abusing their power.

30
Q

commonwealth parliament

A

Bicameral: 1. lower house - house of representatives

              2. upper house - the senate
              3. the crown - governor general
31
Q

house of representativs

A
  • /People house/ House of government
  • 150 members each represent an electorate of about 80,000 people - voters directly elect someone for their electorate every 3 YRS
  • members are responsible to and represent the interests of their electorate
  • political party that hold the majority of seats forms government
  • the n of members can change with the population - but roughly twice the size of the senate.
32
Q

role of HoR

A
  • make laws (with the senate and the approval f the crown)
  • determining government
  • providing for responsible and representative government (democratically elected)
  • scrutinizing government (keeps government responsible for its actions)
  • controlling government spending (law needs to be passed to collect taxes or spend public money)
33
Q

the senate

A

/house of review/ states house

  • 76 members = 12 from each state + 2 from each territory
  • provides = representation for each state
  • elected by the public for 6 yrs
  • 1/2 the senate retires every 3 years = provides stability
  • equal powers to HoR ( except financial bills)
34
Q

Role of the senate

A
  • share lawmaking responsibility with HoR and crown
  • review legislation passed by HoR
  • providing for representative government (safeguards the interests of the states
  • provides for responsible government - esp if the majority of the senate is not made up of the government
  • scrutinizes government perhaps even more effective than HoR
35
Q

strengths of the senate

A
  • part of the separation of powers
  • reviews legislation
  • mostly out of control of the government
  • broader sense of representation - represents states
  • allow input from small parties
  • provides a committee process for a detailed study on issues
  • devotes more time to legislation
  • allows citizens to present their views via peitions
36
Q

weaknesses of the senate

A
  • senators vote according to party policies 9 overrides original purpose)
  • empowering smaller parties who can veto things wanted by the majority of society
  • disproportionate representation of small states and territories
  • 6yr term diminishes the degree to which they can be held answerable to the public
37
Q

the Governor general

A
  • the queen appoints the governor general on the recommendation of the P.M.
  • the G.G acts on the advice of the government
38
Q

the role of the Governor General

A
  • grants royal assent to legislation
  • can bring an end to a session @ parliament without dissolution
  • can enact a double dissolution - dissolve both houses and bring about an election
  • cause writs to be issued for the general election of members of the HoR
  • grant pardons or remits for offences
  • choose and summon executive Councillors and appoint ministers of state
  • appoint officers in the diplomatic and consular services of Australia
39
Q

Features of the Cabinet

A
  • GG acts on the advice of the government
  • the ministers come from the majority party in the HoR
  • ministers are expected to resign if their house passes a motion of no confidence in them
  • ministers are held responsible o parliament for their respective gov depts e.g. during question time
40
Q

Ministers of State

A
  • members of the cabinet
  • responsible and answerable to Parliamen for the actions of a gov dept e.g. resources, tourism
  • can come from either house
  • have a portfolio (special are of responsibility)
  • held answerable by the GG , PM, other members and society = responsible government
41
Q

Executive Council

A
  • commonwealth constitution provides for a commonwealth executive council
    consists of minister of state and GG
  • GG acts on advice of M of S
42
Q

Legislative assembly

A
  • lower house
  • 88 members
  • elected from electorates of roughly the same population
  • elected every 4 years
43
Q

Roles of the Legislative assembly

A
  • makes laws with LC
  • determining government
  • Representative government - represents the majority of society
  • scrutinizing government - legislation debated, question time
  • Responsible government - views of electorate, raises issues
  • Control government spending - initiation
44
Q

Legislative Council

A

House of review/ upper house

  • 40 members
  • represent 8 regions of 11 electorates of roughly 420 000 voters
  • each region has 5 members
  • elected for 4 yrs
  • represent the interests of people in different areas
45
Q

Roles of the Legislative council

A
  • make laws with L.A
  • Representative government - elected
  • responsible government via petitions, question time, check up on L.A, open debate, protect the rights of citizens if the majority party does not hold the majority in L.C - check the government
  • the L.C cannot block supply, it has 1 month to debate + consider bills, if they don’t pass it, it gets passed onto the GG for assent
46
Q

The Crown (vic )

A
  • Represented by the governor

Roles:

Legal Studies (2 decks)

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