Glossary - N Flashcards
Nationalism
A strong sense of loyalty to a wider group (often, but not necessarily, making up a nation or country) and a commitment to its traditions and interests. Nationalism is an expression of the common interests and the desire for advancement of a group of people od the same race, religion and traditions, but not always from a politically independent country. Strong nationalism can lead to conflict between different groups.
Native Title
A form of land title established by the High Court in Mabo (1992) and later incorporated into statutory law. It is a common title that can be claimed by indigenous Australians who can demonstrate continuous customary use of an area of land since European settlement. It can be claimed over land that has not been alienated (occupied under another lawful title) or transferred to an incompatible land use.
Natural Justice
(jus naturale) The right of all individuals of access to the due process of court proceedings that enable them to argue their case before an unbiased judge and, where appropriate, be judged by their peers. Natural justice requires that individuals have a right of appeal if the original trial contained legal flaws.
Negligence
(tort of) The law concerning actions that create injury or financial loss to another due to a failure to use reasonable care. It provides a basis for an individual to seek damages from other individuals or private or public organisations that were the legal cause of injury or loss they incurred.
Nexus Provision
The provision of the Australian Constitution in s24 that requires that the number of members in the House of Representatives be, as nearly as practicable, twice the number of Senators.
No Confidence Motion
Part of the Westminster system of responsible government. A no confidence motion tests the government’s level of support in the lower house. By convention an elected government that cannot win a no confidence motion must resign. The Governor or Governor General must then appoint a leader who has majority support in the lower house, or if this is not possible, call an election.
Non-aligned Voter
A voter who has no long-term loyalty to a particular political party. Non-aligned voters vote on the basis of current issues and change the party or group they support from election to election. a similar term is ‘swinging voter’.
Nolle Prosequi
A decision taken by the Director of Public Prosecutions not to proceed with a case. It does not prevent that case being pursued at a future time.
Noscitur a Sociis
A common law maxim that states that the questionable meaning of a word or doubtful words can be derived from its association with other words within the context of the phrase.
Notice Paper
The printed document circulated each sitting day that lists all outstanding business before a house of parliament. It indicates the orders of the day, notices of motion, notices of intention to introduce bills and questions on notices. In the Senate it is called the Oder of Business.