Exam Flashcards
Nation state
Independent political units that possess:
-a territory
-a population
-organised political system
They have sovereignty
Sovereignty
Authority to govern. Nation states have authority to govern within their territory and over their population without outside influence.
Operating principles of a liberal democracy
-majority rule
-equality political rights
-political freedoms
-political participation
Majority rule
A legislative body elected by the people will make laws representing the values of the people.
Equality of political rights
Entitlements given to everyone that make it essential for them to have a say in how governed e.g one vote one value
Political freedoms
To be free to make choices without intimidation / coercion.
In Aus we can express our political concerns freely.
Political participation
Actively taking part in gov by putting to use our political rights and freedoms (voting)
Checks
Limits to power
Balances
Types of power
Aus political system
Australia is a representative democracy with a constitutional monarchy organised as a federation with a responsible parliamentary government.
IMR (individual ministerial responsibility)
If a gov minister is incompetent at managing their portfolio or are politically corrupt, parliament may ‘MOVE A CENSURE MOTION’ (vote out individual minister)
CMR (collective ministerial responsibility)
If gov has lost confidence in HOR, parliament move a ‘VOTE OF NO CONFIDENCE’ (vote out gov)
Our complex executive
1) constitutional executive
2) real/ political executive
3) administrative executive
Constitutional executive
CHAP 2 CONSTITUTION
Monarch and GG
Does not exercise real power unless gov cannot function
Real/ political executive
PM, ministry, cabinet
No power from constitution - rules + conventions
Law making role
Administrative executive
E.G defence + education need public service
E.g police
Federalism
A division of a nations sovereignty between one national ( FEDERAL ) and two or more regional ( STATE ) govt
Types of federalism
Cooperative
Coercive
Confederate
Federal institutions
COAG, commonwealth grants commission, ministerial councils, high court
Executive powers of GG
-dissolve parliament (section 26)
-appoint ministers (section 64)
-dismiss ministers (64)
-appoint judges to federal courts (72)
Vertical fiscal imbalance
Federal government collecting too much tax, therefore too much money. The grants commission evenly splits money between states.
Dictatorship
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
Mandate
Claim to power
Absolute monarchy
King/Queen has absolute power with no limitations to yielding that power
E.g. Tudor England
Oligarchy
‘Rule of a few’ where a small group of ELITES yield all the power and wealth over citizens
Theocracy
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
One party rule
Country is ruled by one political party. Any other political party = banned.
E.g. Singapore, China, Cuba
Communism
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
Capitalism
Private ownership of trade industries to create competition in the Marley, allowing people to control their own profit.
E.g. USA
Fascism
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
Full democracy
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
Flawed democracy
Adequate electoral systems and basic political and civil rights HOWEVER some problems such as lack of media diversity, low participation rates.
Democracy checklist
-Constitutionalism
-Separation of powers
-Checks + Balances
-Rule of law
-Majority rule
-Free, fair regular elections
-Citizen participation
-Pluralism
Legislative process
1) Initiation
2) First reading
3) Second reading
4) Committee stage
5) Third reading
→ royal assent (2nd house)
Purposes of statute law
1) Implementing gov policy
2) Authorise gov spending
3) Money bills and the constitution
4) The budget
Section 83 constitution
Gov can’t spend money from treasure except when authorises by law
Section 53
‘Proposed laws including revenue or imposing taxation shall not originate in the senate’
Section 51 (xxi)
Constitution vests power to make laws to do with marriage a concurrent power
Consolidating laws
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
Abrogation
Overriding a court made decision
Codifying legislation
Parliament supporting court made decisions with a statute, Native Title Act 1993 to support Mabo decision
Delegating legislation
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.
How does a subordinate authority use law making power
They use their delegated legislative power to make regulations, ordinances and instruments.
Elements natural justice
-impartial judge and jury
-hearing both parties
-evidence based decisions
-open court (criminal indictable offences) confidence in adversarial system
Legislative process issue - CROSSBENCHERS INTERFERING
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.
Legislative process issue - GOV CANT GET THROUGH GOV AGENDA
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.
Legislative process issue - GOV USING TACTICS TO PUSH LEGISLATION WITHOUT DEBATE
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
Judicial process issue - JURORS
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.
Judicial process issue - JURORS 2
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
Doctrine of precedent
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
