Glossary - H Flashcards
Hansard
The official written record of parliamentary debates produced by officers of the parliament.
Habeas Corpus
A court order that a person being detained be produced before a judge to decide whether detention is legal. Literally means ‘you have the body’. Habeas corpus is a longstanding common law right that prevents arbitrary imprisonment.
Head of Government
The leader of the executive government or senior executive in the government who determines or coordinates policy and the administration of government. in Australia the Head of Government is the Premier or the Prime Minister. The Head of Government must command a majority in the lower house of the parliament.
Head of State
The person in a political system whose role symbolises the legal authority of the system, although their powers may be only formal and ceremonial. These powers include giving formal assent to laws, opening parliament and meeting representatives of other nations. Democratic constitutions may give a Head of State power to take action in times of crisis or political deadlock. In Australia the Head of State is the Monarch, Elizabeth R, Queen of Australia. All her powers are delegated to the Governor General or to the governors of the states.
Hearsay Evidence
Evidence offered by a witness about something they did not observe themselves but were informed of by others. Hearsay evidence is not acceptable in court.
Hierarchy of Courts
The order of importance of courts in legal decision-making. In Western Australia, the hierarchy proceeds up from the Magistrates Court, through the District and Supreme Courts to the High Court. A hierarchy exists to allow for specialisation and because ‘precedents flow down and appeals flow up’.
High Court
The High Court is the superior court in the Australian hierarchy of courts. It is the only Court directly established by the Australian Constitution. It has original jurisdiction over constitutional disputes and appellant jurisdiction over all civil and criminal law in Australia.
Higher Court
Any court higher in the hierarchy of courts. In general, the ‘higher’ courts are the state Supreme Courts and the High Courts as they are generally the source of legal decisions that form the precedents that are binding on lower courts such as Magistrates Courts and District Courts (County Courts in Victoria).
House of Representatives
The lower house of the Federal Parliament.
House of Review
Generally the upper house in a bicameral parliament. The role of a house of review is to re-examine bills passed by the lower house and act as a protection against hasty, ill considered or bad legislation. This role of Australian upper houses (state Legislative Councils and the federal Senate) has always been a matter of controversy in Australian politics.
How to Vote Card
A card or piece of paper handed out at an election by a political party to show its supporters how it would like them to vote. If most of their supporters vote according to this preference distribution, the candidates ability to win the election or influence the election result is increased.
Human Rights
Rights that belong to all people simply because they are human beings. A basic principle of a free society is that people have inalienable rights; rights cannot be ‘given away’ or legitimately reduced by the actions of government. A person’s fundamental human rights include legal rights such as the right to a fair trial and civil rights such as freedom of speech. There is considerable debate concerning the range of ‘freedoms’ that should be considered as alienable human rights.
Hung Jury
A jury that cannot decide on a verdict. Decisions as to the guilt or innocence (or in a civil case if a wrong has been committed) must be unanimous or near unanimous. The result of a jury failing to reach a decision is a mistrial.
Hung Parliament
A parliament in which no party or group of parties has a majority. The lack of a majority in the lower house creates a minority government. In a hung parliament the government is dependant on the support of minor parties or independents to be able to pass legislation.
