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Politics And Law > Exam > Flashcards

Exam Flashcards

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1
Q

Nation state

A

Independent political units that possess:
-a territory
-a population
-organised political system
They have sovereignty

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2
Q

Sovereignty

A

Authority to govern. Nation states have authority to govern within their territory and over their population without outside influence.

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3
Q

Operating principles of a liberal democracy

A

-majority rule
-equality political rights
-political freedoms
-political participation

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4
Q

Majority rule

A

A legislative body elected by the people will make laws representing the values of the people.

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5
Q

Equality of political rights

A

Entitlements given to everyone that make it essential for them to have a say in how governed e.g one vote one value

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6
Q

Political freedoms

A

To be free to make choices without intimidation / coercion.
In Aus we can express our political concerns freely.

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7
Q

Political participation

A

Actively taking part in gov by putting to use our political rights and freedoms (voting)

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8
Q

Checks

A

Limits to power

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9
Q

Balances

A

Types of power

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10
Q

Aus political system

A

Australia is a representative democracy with a constitutional monarchy organised as a federation with a responsible parliamentary government.

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11
Q

IMR (individual ministerial responsibility)

A

If a gov minister is incompetent at managing their portfolio or are politically corrupt, parliament may ‘MOVE A CENSURE MOTION’ (vote out individual minister)

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12
Q

CMR (collective ministerial responsibility)

A

If gov has lost confidence in HOR, parliament move a ‘VOTE OF NO CONFIDENCE’ (vote out gov)

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13
Q

Our complex executive

A

1) constitutional executive
2) real/ political executive
3) administrative executive

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14
Q

Constitutional executive

A

CHAP 2 CONSTITUTION
Monarch and GG
Does not exercise real power unless gov cannot function

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15
Q

Real/ political executive

A

PM, ministry, cabinet
No power from constitution - rules + conventions
Law making role

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16
Q

Administrative executive

A

E.G defence + education need public service
E.g police

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17
Q

Federalism

A

A division of a nations sovereignty between one national ( FEDERAL ) and two or more regional ( STATE ) govt

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18
Q

Types of federalism

A

Cooperative
Coercive
Confederate

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19
Q

Federal institutions

A

COAG, commonwealth grants commission, ministerial councils, high court

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20
Q

Executive powers of GG

A

-dissolve parliament (section 26)
-appoint ministers (section 64)
-dismiss ministers (64)
-appoint judges to federal courts (72)

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21
Q

Vertical fiscal imbalance

A

Federal government collecting too much tax, therefore too much money. The grants commission evenly splits money between states.

22
Q

Dictatorship

A

A form of gov where one person has absolute power over country and the people with no constitutional limits and no majority rule
E.g. North Korea, Nazi Germany

23
Q

Mandate

A

Claim to power

24
Q

Absolute monarchy

A

King/Queen has absolute power with no limitations to yielding that power
E.g. Tudor England

25
Q

Oligarchy

A

‘Rule of a few’ where a small group of ELITES yield all the power and wealth over citizens

26
Q

Theocracy

A

Run by a group of religious leaders. Government is claimed to be chosen and led by god. No freedom of religion and citizens believing in other faiths be exiled.
E.g. Saudi Arabia

27
Q

One party rule

A

Country is ruled by one political party. Any other political party = banned.
E.g. Singapore, China, Cuba

28
Q

Communism

A

Carl Marx’s ideology. No class system and everything is owned by gov or community, each person works for community and receives according to needs. Shared wealth
E.g. China, USSR

29
Q

Capitalism

A

Private ownership of trade industries to create competition in the Marley, allowing people to control their own profit.
E.g. USA

30
Q

Fascism

A

Focuses on a dictational leader and suppression of the opposition. Usually glorifies nationalism and the idea of a ‘pure’ race or racial superiority.
E.g. Nazi Germany, Moussolinis Italy

31
Q

Full democracy

A

Countries have a strong system of checks and balances, rule of law, free media and political culture that respects rights/freedoms
E.g. Aus, Sweden, NZ

32
Q

Flawed democracy

A

Adequate electoral systems and basic political and civil rights HOWEVER some problems such as lack of media diversity, low participation rates.

33
Q

Democracy checklist

A

-Constitutionalism
-Separation of powers
-Checks + Balances
-Rule of law
-Majority rule
-Free, fair regular elections
-Citizen participation
-Pluralism

34
Q

Legislative process

A

1) Initiation
2) First reading
3) Second reading
4) Committee stage
5) Third reading
→ royal assent (2nd house)

35
Q

Purposes of statute law

A

1) Implementing gov policy
2) Authorise gov spending
3) Money bills and the constitution
4) The budget

36
Q

Section 83 constitution

A

Gov can’t spend money from treasure except when authorises by law

37
Q

Section 53

A

‘Proposed laws including revenue or imposing taxation shall not originate in the senate’

38
Q

Section 51 (xxi)

A

Constitution vests power to make laws to do with marriage a concurrent power

39
Q

Consolidating laws

A

Parliament can step in to simplify/update laws e.g consolidated old age pension act of 1908 to make it the social services act of 1947

40
Q

Abrogation

A

Overriding a court made decision

41
Q

Codifying legislation

A

Parliament supporting court made decisions with a statute, Native Title Act 1993 to support Mabo decision

42
Q

Delegating legislation

A

To delegate means to authorise or place trust in another. An agency with delegated power may exercise the power of delegating authority under conditions for which it specifies.

43
Q

How does a subordinate authority use law making power

A

They use their delegated legislative power to make regulations, ordinances and instruments.

44
Q

Elements natural justice

A

-impartial judge and jury
-hearing both parties
-evidence based decisions
-open court (criminal indictable offences) confidence in adversarial system

45
Q

Legislative process issue - CROSSBENCHERS INTERFERING

A

Housing Australia future fund bill 2023 delayed several months, owing to demands from greens for rental freeze + additional funding for public housing. Passed sept 2023- greens negotiated extra 2 billion public housing.

46
Q

Legislative process issue - GOV CANT GET THROUGH GOV AGENDA

A

In 2022 religious discrimination package introduced by Morrisson gov, amended against will, to include protections for transgender children in educational institutions, due to 5 liberal backbenchers crossing the floor to vote for them.

47
Q

Legislative process issue - GOV USING TACTICS TO PUSH LEGISLATION WITHOUT DEBATE

A

December 2022, labor recalled parliament to pass treasury laws amendment (energy price relief plan) bill, established cap on gas prices
Peter Dutton criticised rushed legislation, less than 48 hrs member notice

48
Q

Judicial process issue - JURORS

A

R v Lerhmann (2022) ATSC a juror, bought academic articles on sexual assault in jury rim, contrary to instructions resulting in a mistrial and then subsequent trial = abandoned due to risk it would harm complaintant - disregarding rule of law.

49
Q

Judicial process issue - JURORS 2

A

John v commissioner of taxation (1989) HCA outlined pre-requisites for revisiting precedents including where one had not been developed.
NZYQ V minister for education for immigration (2023) overturned precedent established in Al-Kaleb v Godwin (2004) indefinite detention of non citizens was lawful

50
Q

Doctrine of precedent

A

The way courts ‘stand by what has been decided’. Courts have two options within a case
1) abide by stare decision + apply existing case law
2) recognise a case is different + create new case law

Politics And Law (4 decks)

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