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Legal 3/4 > EXAM > Flashcards

EXAM Flashcards

1
Q

representative government

A

government which represents the views of majority
consists of representatives chosen by the people
regular elections
doesn’t meet needs = re election

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2
Q

responsible government

A

e.g. defence
executive government: senior ministers are responsible for action of department
responsible for department to develop portfolio + responsible for success
must present to government + maintain support of government, otherwise expected to resign

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3
Q

separation of powers

A

SEPARATION OF POWERS
legislative: the power to make/create laws PARLIAMENT
judicial: to interpret + apply/enforce the law COURTS + TRIBUNALS
EXECUTIVE: to develop government policy + laws IN THEORY: CROWN/SENIOR MINISTERS IN PRACTICE: PM + SENIOR MINISTERS

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4
Q

reasons why laws need to change

A

CHANGES IN SOCIETIES VALUES EG, DEF ACTO RELATIONSHIPS
GREATER PROTECTION OF THE COMMUNITY
GREATER DEMAND FOR ACCESS TO THE LAW

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5
Q

state crown

A

governor
PROVIDES ROYAL ASSENT + REPRESENTS QUEEN
APPOINTS PARLIAMENT SEATING TIMES, DISSOLVE PARLIAMENT, BRING ABOUT ELECTIONS + EXERCISE RESERVE POWERS

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6
Q

state legislative council

A

ACTS AS A HOUSE OF REVIEW, RESPONSIBLE/REPRESENTATIVE GOVERNMENT
INITIATE/AMEND LAWS EXCEPT MONEY BILS

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7
Q

state legislative assembly

A

DEVELOP LEGISLATION INCLUDING MONEY BILLS, CONTROL GOVERNMENT EXPENDITURE
REPRESENTATIVE GOVERNMENT

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8
Q

federal - crown

A

CROWN - GOVERNOR GENERAL
REPRESENTS THE QUEEN + PROVIDES ROYAL ASSENT
DISSOLVE INEFFECTIVE GOVERNMENT, BRING ABOUT ELECTION

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9
Q

federal - senate

A

76 SEATS (12 FROM EACH STATE, 2 FROM EACH TERRITORY)
ACTS AS HOUSE OF REVIEW, TO PROTECT THE INTERESTS OF THE STATES BY ACTING AS REPRESENTATIVE + RESPONSIBLE GOVERNMENT
INITIATE/AMEND BILLS,EXCEPT MONEY

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10
Q

federal HOR

A

150 SEATS
INITIATE BILLS, INCLUDING MONEY BILLS
RESPONSIBLE GOVERNMENT, REPRESENTATIVE GOVERNMENT

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11
Q

vlrc

A

victorian law reform commission
INDEPENDENT GOVERNMENT FUNDED ORGANISATION ESTABLISHED TO INVESTIGATE AREAS OF LAW. WHERE GOVERNMENT FEELS THERE IS NEED FOR REFORM. MONITOR + COORDINATE LAW REFORM ACTIVITY IN VICTORIA

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12
Q

vlrc role

A

UNDERTAKE RESEARCH + MAKING RECOMMENDATIONS FOR CHANGES IN THE LAW AS REFERRED BY STATE ATTORNEY GENERAL

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13
Q

vlrc methods

A

CONSULTING EXPERTS, HOLD PUBLIC MEETINGS, CALLING FOR SUBMISSIONS + DISTRIBUTING DISCUSSION PAPERS

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14
Q

vlrc recent project

A

MEDICINAL CANNABIS DECEMBER 2014 ASKED COMMISSION TO REFORM LAWS TO ALLOW MEDICINAL USE IN EXCEPTIONAL CIRCUMSTANCES

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15
Q

methods of influencing change

A

USING MEDIA
PETITIONS
DEMONSTRATIONS

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16
Q

second reading

A
  • members debate on main idea

- statement of compatibility considered if it complies too charter of human rights + responsibilities

17
Q

consideration in detail

A
  • members discuss bill in detail
  • speaker/president leaves then house is in committee
  • each clause discussed in detail
  • amendments most likely to occur
18
Q

royal assent

A

governor/governor general signs bill and gives royal assent for bill to be legalised

19
Q

proclamation

A
  • when bill comes into operation
  • if date not stated bill will be in operation in 28 days
  • published in hansard
20
Q

strengths of parliament as law making body

A
  • parliaments primary role
  • elected by people therefore responsible
  • parliament can delegate power
21
Q

weaknesses of parliament as a law making body

A
  • not always sitting
  • often conflicting views within society, therefore difficult to pass laws
  • subordinate authorities don’t represent community
22
Q

specific powers

A

powers listen in constitution S51 S52

including exclusive and concurrent powers

23
Q

exclusive powers

A

ONLY THE COMMONWEALTH CAN LEGISLATE EG. IMMIGRATION. RESIDUAL - NOT LISTED LEFT TO STATES

24
Q

concurrent powers

A

SHARED BETWEEN STATES + COMMONWEALTH EG. TAXATION

S109

25
Q

S109

A

IF THERE IS AN INCONSISTENCY THE COMMONWEALTH WILL PREVAIL TO THE EXTENT OF THE INCONSISTENCY

26
Q

restrictions on commonwealth law making power S116

A

S116 - FREEDOM OF RELIGION

S117 - RIGHTS OF RESIDENTS IN STATES

Legal 3/4 (12 decks)

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