Definition Flashcards
Separation of powers
Provides constitutional separation of the three institutions of government under the Australian version of the west minister system. It aims to avoid power being concentrated in the hands of one institution
Federation
the establishment of a form of government that united seperate political colonies within a single national system
Judicial Independence
members of a judiciary cannot be a MP or member of the Exe and should not be influenced by either arm.
Judicial Review
the process by which the judiciary determines the meaning, effect or validity of a piece of legislation.
Judicial discretion
Judges have discretionary power
Statutory Interpretation
the judicial process that gives meaning to the words of a statute in the light of a case currently before the court.
Responsible Government
a system of government that is answerable to the elected representatives of the people for it’s actions and is directly responsible to parliament for its actions.
Doctrine of precedent
that principles used in judgements of courts can be used as an authority for reaching the same decision in subsequent cases
Constitutional government
a system of government where the powers of various institutions of government are formally prescribed in a written constitution.
Duty of Care
means care must be taken not to hurt a legal neighbour.
Strict Liability
where a person is held responsible for an unlawful action regardless whether the damage or harm caused was intentional.
Double Jeopardy
A person cannot be tried again for an offence for which they have already been convicted or acquitted
Representative government
a body of elected representatives make laws to represent the interest of electors
Parliamentary privilege
Immunity from the fear of being sued for defamation of character whilst an MP
Federal Executive Council
an executive advisory body to advise the GG on all executive matters
