Civics Flashcards

1
Q

Constitutional Monarchy

A

A constitutional monarchy, is a system of government where the head of state is an inherited position (monarch), but their powers are limited by a constitution.

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2
Q

The Constitution and the High Court

A

The Australian Constitution cam into force on the 1st of January 1901, and defines the powers of the Commonwealth government.
The constitution is the supreme law of the country, that outlines the basic principles and powers of teh government.

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3
Q

Bicameral Parliament

A

Commonwealth parliament and all state parliaments (apart from Queensland) are bicameral meaning they have two houses.
These consist of the Crown, a lower house and an upper house. In federal government, the lower house is the House of Representatives, and the upper house is the Senate.

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4
Q

Federalism

A

Federalism is the process by which the powers are divided between local, state and federal government.

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5
Q

Division of Power

A

The division of powers is the distribution of powers between state and federal governments.
The constitution lays out powers for the federal government, but the rest is left to the states and local governments.

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6
Q

Accountability

A

Accountability means that the government must be responsible and answerable to the people.
One way they’re held accountable is through the process of parliamentary question time, where members of parliament are given the opportunity to question the governments policies and actions.
We also ensure our governments are accountable by stating that any member of the government that is dishonourable/irresponsible must resign.

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7
Q

Representative government

A

We also have a representative government, meaning our parliament must make laws that reflect the values of the people.

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8
Q

Protection of rights

A

Our system of government is a liberal democracy, meaning it aims to protect individual freedoms and rights, and limit government control.
Parliament can make laws, but they shouldn’t make laws that are excessive or overly limit the actions of individuals.

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9
Q

Separation of Powers

A

Governments in democracies have three branches: legislative, executive and judicial.
This provides the idea for the separation of powers, which allows each branch of government to check and balance the powers of the others and thereby maintain a fair and just society.

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10
Q

Outline the Westminster System of government

A

The Westminster System, originating from the UK, includes a head of state (Sovereign), an elected two-house parliament, a Prime Minister who leads the government, a ministry accountable to the parliament, and an independent judiciary.

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11
Q

What were the key points of the history of Australia’s system of government (e.g. Federation)?

A

Australia became a nation on the 1st of January 1901, when six separate British colonies united as one and formed the Commonwealth of Australia

Australian Constitution of 1901 established Australia’s laws and principles as a newly federated country

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12
Q

House of Representatives

A

The House of Representatives is the lower house of parliament. It has 151 seats, and is where government is formed and the most important ministers sit. To pass legislation, each bill must go through 3 readings.

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13
Q

The Senate

A

The Senate is the Upper house of parliament. There is 76 seats, each state has 12 seats and each territory has 2.

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14
Q

The Crown / Governor-General

A

The Governor General is the sovereign’s representative in Australia. Our current GG is the Hon. David Hurley.

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15
Q

Separation of Powers

A

Governments in democracies have three branches: legislative, executive and judicial. This provides the idea for the sepration of powers, which allows each branch of government to check and balance the powers of the others and thereby maintain a fair and just society.

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16
Q

What is a Liberal Democracy?

A

A liberal democracy is a democratic system based on majority rule, where the rights of the individual are respected and protected.

17
Q

Identify the four Principles of Government

A

The government must protect the rights and freedoms of individuals.
Governments must make laws that reflect the views and values of the people, this is referred to as representative government.
Governments must be accountable to the people.
There must be a separation of powers.

18
Q

The government must protect the rights and freedoms of individuals.

A

This aims to protect individual rights and freedom and place limits on government control. This means parliament shouldn’t make laws taht are excessive or unnecessarily limit activities of individuals.

19
Q

Governments must make laws that reflect the views and values of the people, this is referred to as representative government.

A

We achieve this my holding free, regular and fair elections, where people vote for who elects them in parliament.

20
Q

Governments must be accountable to the people.

A

This means that the government must be able to justify their actions and decisions to the voters. One way they’re held accountable is through the process of parliamentary question time, where members of parliament are given the opportunity to question the governments policies and actions. We also ensure our governments are accountable by stating that any member of the government that is dishonourable/irresponsible must resign.

21
Q

There must be a separation of powers

A

ensures no single group or body within our parliamentary system has power over both the political and legal system. We have 3 main powers at a federal level: executive power, which has the power to administer and implement the law, legislative powe, which is the power to make the law, and judicial power, which is the power to apply and interpret the law.

22
Q

What is a “nanny state”? Give an example of a law that could reflect this term

A

Nanny state is a government that tries to give too much advice or make too many laws about how people should live their lives. For example, all bicycle riders in Australia are required by law to wear a helmet. If you are caught riding without a safe helmet, you can face on-the-spot fines of $344.

23
Q

Federation

A

A system of government where the powers and responsibilities are divided between a national government and two or more state and regional governments.

24
Q

What does the Constitution do/create?

A

The constitution enshrines the structure of our political and legal system.
The consitition created a separation or powers and division of powers.

25
Q

Exclusive Powers?

A

Powers under section 51 and 52 of the Constitution, that only the Federal Government possesses.

26
Q

Residual Powers?

A

Any area of law making power not stated in the constitution as belonging to the federal goverment.

26
Q

Concurrent Powers?

A

Shared powers between federal and state governments. For example, marriage. The federal government decides who can marry, but the states decide how marriage is registered.

27
Q

Outline the roles of the High Court under its original jurisdiction, and explain how the High Court is involved in each.

A

The roles of the high court under original jurisdiction is to interpret the constitution and keep it relevant, they also make sure parliament doesn’t overstep and ensure Australia applies their international treaty obligations, and resolve disputes between state and federal governemnts as well as regarding treaties.

28
Q

Outline the role of the High Court under its appellate jurisdiction.

A

Under appellate jurisdiction the high court has the power to hear appeals from any federal court, or the supreme court of any state. Their judgement is final.

29
Q

What is the function of precedent?

A

Precedent is the rule thata legal principle that’s been established by a higher court should be followed in other similar cases by that court and other courts.

30
Q

What section of the Australian Constitution created the High Court?

A

Section 71 of the Australian Constitution created the High Court to hear and resolve disputes over the meaning of the constitution.

31
Q

What system of Government does Australia have (3 answers)?

A

We have a liberal democracy, meaning our government aims to protect individual freedoms and rights, and place limits on government control. We also have a representative government, meaning our parliament must make laws that reflect the values of the people. We also have a constitutional monarchy, which is a system of government where the head of state is an inherited position (monarch), but their powers are limited by a constitution.

32
Q

How are separation of powers “blended” in Australia?

A

In Australia, our cabinet (executive government) is made of a select group of people, but all of the members of the cabinet are either senators or mp’s. This means that our executive and legislative government are blended, as you must be a part of the legislature to be part of the cabinet. For example, Tanya Plibersek (Minister for Environment) would vote on a new climate change bill, if it’s successful, she would also be in charge of administrating that law.

33
Q

How do we have freedom of speech, freedom of assembly and freedom of religion in Australia when these are not in the constitution?

A

Even though these freedoms are explicitly stated in the constitution, we still uphold these freedoms under our commitment to various international treaties, such as the UN declaration of human rights and the international covenant of civil and political rights.