Civics and citizenship

Question 1

Liberal Democracy

Answer 1

A system of government that respects individual freedoms and rights, such as the right to vote and freedom of speech

Question 1

Democracy

Answer 1

A system of government based on popular sovereignty/majority rule. A problem with democracy is the concept of “tyranny of the majority”.

Question 2

Separation of Powers

Answer 2

the function of government to make, carry out, interpret and enforce the laws are separated, to prevent the concentration of power

Question 3

Legislative

Answer 3

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.

Question 4

Executive

Answer 4

The arm of government responsible for administering the law, usually through Government apartment headed by a Minister. Australians executive is fused with our legislative.

Question 5

Judiciary

Answer 5

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.

Question 6

Division of Powers

Answer 6

Where the ability to make laws in a federation is shared between different levels of government.

Question 7

Exclusive

Answer 7

Powers that are constitutionally allocated only to the Federal government, eg s52

Question 8

Concurrent

Answer 8

Powers that are constitutionally allocated to both the Federal and State governments, eg s51

Question 9

Residual

Answer 9

Powers not expressed in the Constitution that are the responsibility of States. Examples include Police and Education.

Question 10

Constitution

Answer 10

A set of laws which limit the power of government. Australia’s constitution came into effect January 01,1901

Question 11

Constitutionalism

Answer 11

The belief where power should be limited by a written Constitution.

Question 12

Rule of Law

Answer 12

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.

Question 13

Statute Law

Answer 13

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.

Question 14

Governor General

Answer 14

The King’s federal representative in Australia and forms part of the formal executive government.

Question 15

Royal Assent

Answer 15

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.

Question 16

Common Law

Answer 16

Laws made by the court hierarchy which creates precedent. (Laws made by judges in courts.) Common law is subordinate to statue law

Question 17

High Court

Answer 17

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.

Question 18

Original Jurisdiction

Answer 18

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.

Question 19

Appellate Jurisdiction

Answer 19

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.

Question 20

Judicial Independence

Answer 20

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

Question 21

Prime Minister

Answer 21

the head of the executive government

the leader of the majority party in the house of representatives.

Question 22

Government

Answer 22

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

Question 23

Cabinet

Answer 23

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.

Question 24

House of Representatives

Answer 24

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.

Question 25

Senate

Answer 25

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

Question 26

Parliament

Answer 26

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

Question 27

Westminister System

Answer 27

the parliamentary system of Great Britain where parliament consists of two houses and the Crown. It is the parliamentary system used in Australia