Exam Revision Flashcards
What is ‘liberalism’
A concept which arose during the ‘Age of Enlightenment’ which is based on the assumption of the equal dignity and worth of individuals.
What is a democracy?
A system of government where supreme power is held by the people under a free and open electoral system.
Define ‘liberal democracy’
An electoral democracy which protects civil liberties through institutions and principles.
What is a constitution?
Those fundamental laws, institutions and conventions which combine to create a system of government to which the community under that government agree.
Constitutions were traditionally designed to protect ‘the ruled’ from ‘the rulers’ by dividing and limiting power in a political system and enshrining the rights of citizens
What is constitutionalism?
A belief that government can and should be legally limited in its powers, and that its authority depends on its observing these limitations by following the ‘rule of law’.
Outline three elements of the ‘Rule of Law’
- The Government is not arbitrary. It must follow in accordance with the law.
- All members of society must follow the law.
- Everyone is entitled to an independent and impartial hearing in court.
What is a Law?
Laws are rules of behaviour enforced by sanctions and imposed on members of society by a supreme authority.
What are rules?
Rules are guides to behaviour that are possibly enforced by sanctions and are imposed within a group.
What is a custom?
Customs are a traditional or expected way of behaving.
What is a ‘Heavenly Mandate’?
Used in traditional Chinese concept about the legitimacy of rulers. Heaven would bless the authority.
What is the ‘divine right of kings’
Justifies absolute power of a monarch, deriving their right to rule from the will of God. No earthly authority.
What is a ‘God Emperor’?
Were the ruler was considered a living god.
Define ‘Politics’
The organization of power and decision making in society.
Define ‘Government’
The body that has the power to carry out the laws and ‘run’ the society it is in. In the Westminster (British) tradition that we follow here in Australia, this is the party that has won a majority of seats in the lower house of parliament. This can also mean a whole level of government. This is an American definition and refers to a complete level of government. The combined institutions found on a level of power and decision making in a country.
Aristocracy
This is a type of government where power is weilded by an elite section of society. The term “aristocracy” is derived from the Greek ‘ aristokratia’ which means “the rule of the best”. These ‘best’ are known as aristocrats.
Dictatorship
Rule by a single leader who has not been elected and may use force to keep control. In a military dictatorship, the army is in control.
Monarchy
A monarchy has a monarch (king, queen or other royal) who obtains power through hereditary means.
Oligarchy
Oligarchy (rule of the few) is a form of government where political power effectively rests with a small elite segment (based on wealth, family or military links) of society who have equal power.
Single Party System
Rule by a single political party. Power is restricted to or by a single group with a unified goal.
Theocracy
Theocracy is a form of government in which a ‘god’ or ‘deity’ is recognized as the supreme ruler.
Direct Democracy
Government of the people, by the people, for the people. A system of government where supreme power is held completely by the people under a free and open electoral system. The word ‘democracy’ comes from the Greek dēmos which means “people” and kratos which means “rule” and/or “strength”. In Ancient Athens all male citizens could vote and run for office. The decisions of the majority won out and laws made and the society run according to the wishes of the majority.
Representative Democracy
Representative democracy is a form of government founded on the principles of popular sovereignty (lawful popular people power) by the people’s representatives. The elected representatives form an independent ruling body (‘the government’) charged with the responsibility of acting in the people’s interest. Can be thought of as Government of the people, by the peoples representatives, for the people.
Ex post facto
After the facts
In futero
In the future
An act of Parliament
a law made by Parliament; a bill which has passed all three readings in each house and has received the royal assent
Statute
A written law passed by a legislative body
Codifying Act
Write a common law decision made by courts into statute law. The Native Title Act of 1994 codified the High Court’s ‘Mabo decision’ into statute law. Once common law is codified, it can be repealed, amended or consolidated.
Original Act
New law. The Bicycle helmet law which came into effect in the late 80’s was original in that there were no such laws on the statute lists.
Repeal
Remove a statute law from the record books. The law is no longer in use.
First Reading
The title of the bill is read out by the Clerk. Copies of the bill are distributed. Part of the legislative process.
Second Reading
The minister’s second reading speech describes the intent of the bill.
Consideration in Detail (Also known as the Committee stage)
Each house considers the bill in detail. Amendments can be suggested at this stage. The bill can be referred to a smaller committee that specializes in laws (called a legislative committee) for further scrutiny and checking. Also known as ‘consideration in detail’.
Assent
The bill must get the assent (or approval) of the Governor General. This happens when he / she signs the bill.
Parliamentary Sovereignty
Parliament has supreme power in our political and legal system. Under parliamentary sovereignty, the legislative (parliament) has absolute sovereignty, meaning it is supreme to all other government institutions (including the executive or judicial arms).
Institutions of a Democracy
-Elected parliaments chosen by the people
-Governments chosen by the people or parliament that represent ‘the majority’.
-One vote one value electoral systems using ‘universal franchise’.
Regularly held free and fair and open elections
-Open and impartial court systems that follow the rule of law and respect due process.
-Laws which respect and protect freedoms and minority views.
Institutional which cause accountability and scrutiny of government.
Principles
Freedom of expression Uncensored media Freedom of association Freedom from discrimination and persecution Protection of the rule of law for all
Legislation
Also known as statute law or an ‘act’ of parliament
Statutory Interpretation
Through interpreting the laws made by parliament and by making common law. The first, called ‘statutory interpretation’ is made whenever courts are called upon to decide what a word in a law made by parliament means.
Common Law Precedent
made whenever courts decide that a new situation exists which should become part of a legal principle or idea that is not covered by statute law or existing court decisions. This is called ‘common law precedent
Rule Of Law
A concept that all authority is subject to, and constrained by, law. Government is not arbitrary. All citizens/persons operate within the law and are controlled by it. Everyone is entitled to have a matter heard by an independent and impartial court or tribunal
Preamble
introductory statement to a constitution which sets out the fundamental beliefs and aims of the law)
Federation
A federation is a system of government where there is one central (national) government and two or more regional (state/provincial/regional) governments underneath it. Hence a federation has two (or more) levels of government.
Constitutional Monarcy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the guidelines of a constitution, whether it be a written, uncodified, or blended constitution. …
Entry Of Apperance
Sent by defence to plaintiff and court.
Establishes that claim will be contested in court.
Negligence
Term used to describe a situation which arises when
Bicameral
A legislative body having two chambers.
The separation of Powers
the vesting of the legislative, executive, and judiciary powers of government in separate bodies.
“constitutional arrangements based on separation of powers”
