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Legal Studies - Unit 1 and 2 > Definitions > Flashcards

Definitions Flashcards

1
Q

Federation

A

A group of states with a central government but independence in internal affairs.

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2
Q

Constitution

A

A body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed.

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3
Q

Referendum

A

An official questionnaire for a general vote on a single political question which has been referred to them for a direct decision. This is used to change the Constitution

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4
Q

Plebiscite

A

Direct vote of all members in an electorate on an important public question such as a change in the constitution.

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5
Q

Rule of Law

A

The restriction of arbitrary exercise of power by subordinating it to well-defined and established laws.

Everyone is equally subject to the law.

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6
Q

Governance

A

The action or manner of organising a state.

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7
Q

What is ‘land belonging to no one’

A

Terra Nullius

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8
Q

Colonisation

A

The establishment of colonies

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9
Q

Inhabitants

A

Person or animal that occupies space.

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10
Q

Cultivation

A

The act of cultivating land - making it ‘usable’ in Western society.

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11
Q

Mabo v Queensland

A

The case that introduced Native Title, where Eddie Mabo fought against the Constitution to allow Indigenous people the rights to their cultural land.

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12
Q

Term for ‘a form of land title that recognises the unique ties that Aboriginal and Torres Strait Islander people have to their land.”

A

Native Title

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13
Q

Legislature (legislative powers)

A

Parliaments or assemblies like the Legislative Assembly have the the power to make, change and amend laws.

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14
Q

Executive government (powers)

A

The Prime Minister and other ministers (ministry) who have the power to put into action decisions made by the Parliament and laws made.

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15
Q

Judiciary (judicial powers)

A

The High Court and other federal courts have the ability to make judgement about laws.

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16
Q

Bicameral

A

A form of government with two houses that make, reform and pass laws.

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17
Q

Unicameral

A

A form of government with one house that makes, reforms and passes laws.

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18
Q

What section of the Constitution describes the ‘mode of altering the Constitution - referendums’?

A

Section 128

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19
Q

What section of the Constitution describes the ‘legislative powers of parliament’?

A

Section 51

20
Q

What section of the Constitution looks at ‘inconsistency of laws - residual powers of Commonwealth, and how a state’s law can be overruled if it does not abide by the Constitution and Commonwealth.’?

A

Section 109

21
Q

What section of the Constitution ‘prohibits people with dual citizenship from serving in parliament’?

A

Section 44

22
Q

Bill of Rights

A

A formal declaration of the legal and civil rights of the citizens of any state, country or federation.

23
Q

Received law

A

The reception of English law into the penal colony of NSW

24
Q

Customary law

A

The practices and systems among Aboriginal people that have developed over time, regulating behaviour, and connecting people with each other and the land through a system of relationships.

25
Separation of powers
Requires that all three arms of the be separated to ensure that no individual body or person has complete power ; the distinct rules of the executive, judiciary and legislature are strictly maintained.
26
Westminster system
A system of governement, originating in Britain, the main feature of which are the head of state (who is not the head of government) and the executive that is drawn from and directly responsible to the parliament. There are two houses of parliament.
27
Why is the parliament a sovereign
Because the Governor-General is appointed as the Queen's representative and has to finalise all laws passed in Australia. The Queen is also the head of state.
28
Reserve powers
Rarely used powers that allowed the Governor-General to act independently.
29
Double dissolution
The simultaneous termination of the House of Representatives and the Senate by the Governor-General and the calling of new electorates for both Houses.
30
Representative government
A basis for government where the citizens elect representatives to serve in parliament and make decisions on their behalf.
31
Electoral roll
List of people who are registered and eligible to vote at state, federal and local elections and referenda.
32
Exclusive powers
The powers given to the federal government by the Constitution, such as taxation, immigration, defence and customs.
33
Residual powers
The legislative powers not covered by Section 51 of the Constitution, which remain in the states.
34
Concurrent powers
Powers under the Constitution that may be exercised by both the Commonwealth and states
35
Electorates
Districts comprising an approximate equal number of voters that each elect a single member to parliament.
36
QLD committee system
Replacement for the Senate in QLD. Committees comprising members of parliament that scrutinise government activities including legislation, and inquire into specified matters.
37
MLA
Modern Language Association
38
MHR
Fund Management
39
Responsible government
A system where the government is answerable to elected representatives of the people for its actions, especially a system where the ministry is drawn from within the parliament from members of the political party or parties with the support of a majority of the lower house (in Australia, the House of Representatives), and must maintain the confidence of the majority of that house.
40
High Court Function
Interprets the Constitution. Settles disputes between states and territories, and Commonwealth. Hears appeals from the Supreme, Family and Federal Courts.
41
Case law
Principles of law arising from judicial decisions as distinguishing from statute law (also termed common law)
42
Precedents
Rules or principles that are established in previous legal cases that are either persuasive or binding on a court when it is deciding subsequent cases with similar facts.
43
Ratio Decidendi
"Reason for decision" - reasoning of the judge that is essential to the decision.
44
Fair, just and equitable
Laws passed in parliament have to abide by the Constitution and benefit everyone.
45
High Court - special leave
Parties wish to appeal from a judgement of the Federal Court to the High Court of Australia - special leave application must be filed.

Legal Studies - Unit 1 and 2 (1 decks)

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