democrat Flashcards

1
Q

PR upheld AUS

A
  • high diversity of political parties
  • electoral compromise (blended pref voting, prop voting)
  • compulsory enrolment and voting
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

PR undermined AUS

A
  • two-part system entrenched in the lower house
  • pref voting disadvantages minor parties
  • undermines individual liberty and donkey votes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

PR upheld US

A
  • single member electorate in both houses means trustee links to constituents
  • FPP
  • voluntary enrolment and voting emphasise individual liberty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

PP upheld AUS

A
  • free and fair electoral system, compulsory voting high levels of voter turnout (89.92%)
  • senates PR electoral system enables parliamentary participation with diverse ideologies
  • range of pressure groups
  • statutes such as Racial Discrimination Act 1975
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

PP undermined AUS

A
  • statutes may infringe political freedoms and rights
  • participation of indigenous Australians is limited by social, cultural, economic and geographical barriers
  • growing disillusionment and mistrust with politics
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

PP upheld US

A
  • free electoral system

- no restrictions on the formation of political parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

PP undermine US

A
  • electoral system is not always fair- gerrymanders, race, class and wealth distort the effectiveness of electoral participation
  • disenfranchised some groups
  • only two political parties are viable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

ROL upheld AUS

A
  • constitutional SOP
  • judicial independence protected by S72
  • cabinet, ministry and public service accountable through parliamentary independence eg. senate standing committee for the scrutiny of delegated legislation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

ROL undermine AUS

A
  • exec dominance of parliament
  • parliamentary privilege provides immunity
  • exec decision to appoint judge unchecked
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

ROL upheld US

A
  • strict constitutional SOP
  • judicial independence is protected by article 3, appointments require consent from senate
  • Congress and courts check presidential power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

ROL undermine US

A
  • increasing partisanship is undermining the checks and balances between congress and the presidency
  • judicial appointment is a politicised process
  • misuse of the presidential pardon power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

JI upheld AUS

A
  • section 72, separates the power of appointment and dismissal
  • HC interpreted S71 narrowly preserving the independence of chapter 3 courts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

JI undermine AUS

A
  • executive appointment of a judge is unchecked

- legislation can diminish the judge’s discretion to interpret the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

JI upheld US

A
  • constitution article 2 requires the consent of the two political branches of govt (president nominates, senate confirms, congress impeaches or removes)
  • constitution establishes a strict separation of the federal judicary
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

JI undermine US

A
  • seven states elect SC judges by popular vote

- appointments can become a political contest between the president and the senate eg. Justice Kavanaugh

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

NJ upheld AUS

A
  • adverserial trial processes robustly uphold fairness and NJ through due process (OHIE)
  • Use of Alternative Dispute Resolution such as Administrative Appeals Tribunal to increase access to justice
  • const rights to a jury trial- section 80 and legal representation (implied) for federal offenses
17
Q

NJ undermine AUS

A
  • courts can deny appeals
  • flaws in the jury system
  • wrongful convictions (Andrew Mallard 1995)
  • access and equity issues
18
Q

NJ upheld US

A
  • adversarial trial processes robustly uphold fairness and NJ through due process (OHIE)
  • use of ADR to increase justice and equality and parties
19
Q

NJ undermine- US

A
  • barriers to access and equality related to the cost of the adversarial trial system
  • lengthy, courts have backlogs
20
Q

PP- AUS and US example uphold

A
  1. BLM, School Strike 4 climate change, extinction rebellion
21
Q

PP- AUS undermine example

A

AFP raids on Journalists 2019

22
Q

ROW- AUS example uphold

A

DPP v Keating 2013

23
Q

ROL- AUS example undermine

A

M68 v Minister 2015

24
Q

ROL- US undermine and uphold example

A

Donald Trump

25
Q

JI- AUS uphold example

A

Brandys Case 1955

26
Q

JI- AUS undermine example

A

Wik and amendments to Native Title Act 1998

27
Q

JI- US undermine example

A

electing judges

28
Q

NJ- AUS uphold example

A

Coleman v Power 2004

29
Q

NJ- AUS undermine example

A

Patient A 2014