Civics and citizenship Flashcards
Liberal Democracy
A system of government that respects individual freedoms and rights, such as the right to vote and freedom of speech
Democracy
A system of government based on popular sovereignty/majority rule. A problem with democracy is the concept of “tyranny of the majority”.
Separation of Powers
the function of government to make, carry out, interpret and enforce the laws are separated, to prevent the concentration of power
Legislative
the arm of government responsible for making law. They do this by initiating, debating, amending or abolishing statues in Parliament through a reading process and by majority rule voting.
Executive
The arm of government responsible for administering the law, usually through Government apartment headed by a Minister. Australians executive is fused with our legislative.
Judiciary
The arm of government which adjudicates disputes by interpreting laws and applying them to cases heard in courts. Australia has a court hierarchy to assist in this process.
Division of Powers
Where the ability to make laws in a federation is shared between different levels of government.
Exclusive
Powers that are constitutionally allocated only to the Federal government, eg s52
Concurrent
Powers that are constitutionally allocated to both the Federal and State governments, eg s51
Residual
Powers not expressed in the Constitution that are the responsibility of States. Examples include Police and Education.
Constitution
A set of laws which limit the power of government. Australia’s constitution came into effect January 01,1901
Constitutionalism
The belief where power should be limited by a written Constitution.
Rule of Law
The rule of law is the principle by which everyone is subject to the law. There are several elements to this, such as that the law is known, clear, consistent and coherent, all people are subject to the law, and that there is an independent and impartial judiciary.
Statute Law
Laws made by parliament and provided Royal Assent. Statue law is superior to common law as the legislative reflects the will of the people because they are elected.
Governor General
The King’s federal representative in Australia and forms part of the formal executive government.
Royal Assent
The legal authority for a Bill to become a Law, given by the Governor General because Australia is a monarchy. By convention the Governor General never refuse to provide royal assent.
Common Law
Laws made by the court hierarchy which creates precedent. (Laws made by judges in courts.) Common law is subordinate to statue law
High Court
The highest level of the Australian Court hierarchy. It is established by the Constitution to have original jurisdiction and hear appeals from State Supreme Courts, with its decisions binding to all Australian courts.
Original Jurisdiction
Where a court hears a matter in the first instance. For example, a fine of $1000 will be heard in the WA Magistrate Court while a matter involving the Constitution will be heard in the High Court.
Appellate Jurisdiction
Sec 73 The ability of a higher court to review a previous decision if the circumstances of the case merit review. The outcome of this could be to affirm or overrule the initial decision, or to order a new trial. Ie High court has the power to interpret a decision of a lower court if requested with legal reasons.
Judicial Independence
An important aspect of the separation of powers and the rule of law. This is where the decision making ability of the courts is free from influence of the legislative and judiciary. This allows the courts to support the rule of law. Australia Constitution support this through s72 of the Constitution
Prime Minister
the head of the executive government
the leader of the majority party in the house of representatives.
Government
the elected members of parliament who make decisions for a nation or state. The government is made up of the party or coalition that has won a majority of seats in the lower house of parliament. The lower house of federal parliament is the House of Representatives
Cabinet
a group of senior ministers (including the PM) of the government.
their role is to drive party policy and are responsible for creating most legislation in parliament.
House of Representatives
The lower house, also know as house of representatives include 151 members. Each of these members is democratically elected by eligible voters who live in one of 151 designated areas - called electorates. The electorates are determined by proportion of population, size, meaning more populated areas have more elected representatives in the lower house.
Senate
the upper house of the federal parliament of Australia has 76 senators, 12 from each of the six states and two each from the Northern Territory and the Australian Capital Territory
Parliament
the national or state law-making body that is made up of elected representatives in both the upper and lower house with a head of state. In Australia the national parliament is referred to as the Commonwealth or federal parliament
Westminister System
the parliamentary system of Great Britain where parliament consists of two houses and the Crown. It is the parliamentary system used in Australia
