Glossary - P

Question 1

Parliament

Answer 1

A representative body that has responsibilities that include the initiation and passage of legislation. The Federal Parliament consists of the Queen (represented by the Governor General), the Senate and the House of Representatives.

Question 2

Parliamentary Counsel

Answer 2

Legal officers in the public service who are responsible for drafting bills on instructions from cabinet.

Question 3

Parliamentary government

Answer 3

A system, of government where power is vested in the people, who exercise their power through parliamentary representatives.

Question 4

Parliamentary privilege

Answer 4

Special rights that give parliamentarians immunity from ordinary law to allow them to carry out their activities operations without fear of prosecution in the courts. The most important is the right of free speech in parliament. Parliament can apply sanctions for misuse of these rights by members of parliament or by others.

Question 5

Parliamentary procedure

Answer 5

Rules created by a parliament to regulate its own activities, such as its debates. They are generally set out in the parliaments Standing Orders.

Question 6

Parliamentary secretary

Answer 6

A member of the government executive who assists a minister in the carrying out of their duties.

Question 7

Parliamentary sovereignty

Answer 7

The principle that where parliamentary statute and judge-made common-law conflict, statutes always have precedence. In Australia the only exception to this is high court judgements in constitutional cases.

Question 8

Parole

Answer 8

The conditional release of an offender from prison before they have served the full term of their sentence. Parole may be granted on the basis of good behaviour and as a means of rehabilitating an offender when they are not seen as threat to the security of the general public. And offender who breaches parole conditions can be returned to jail.

Question 9

Partisan (role of parliamentarians)

Answer 9

The practice of voting in debates strictly along party lines. From its inception the Australian Labour Party required all endorsed candidates to pledge that they would vote according to party policy as determined by caucus. In practice partisan voting is a feature of all major parties in Australia, thus the expression that ‘the party line is the bottom line’.

Question 10

Party discipline

Answer 10

The controller or pressure used by a political party to ensure its members vote together in parliament. Some parties have a party whip to ensure this happens.

Question 11

Penal colony

Answer 11

An overseas settlement established as a place to send criminals as a punishment. In the past many countries created penal settlements. The first British settlement on the Australian continent (in 1788 at Sydney Cove) was as a penal colony.

Question 12

Persuasive precedent

Answer 12

A common law precedent that may be used by a court in reaching a judgement but that is not binding. Courts at the same level in the legal hierarchy or decisions of equivalent courts in other jurisdictions may be the source of persuasive president.

Question 13

Petition

Answer 13

A document signed by a group of people and presented to Parliament to show their support for some action. Formal petitions to parliament are a traditional means by which people have requested action by the parliament.

Question 14

Plaintiff

Answer 14

The person who brings an action in a civil case, generally to seek damages from another person who they claim has wronged them.

Question 15

Plea-bargaining

Answer 15

And agreement in a criminal case where a defendant pleads guilty a lesser charge or receives a recommendation for a lighter sentence in exchange for an early guilty plea.

Question 16

Pleadings

Answer 16

The documents in which parties in a civil action set out the arguments that make up their case. These documents are the statement of claim, memo of appearance, defence and counterclaim.

Question 17

Plebiscite

Answer 17

A plebiscite is a direct vote by the people on a particular question or issue. The result is not necessarily binding. It may also be called an indicative referendum.

Question 18

Plural voting

Answer 18

Plural voting allows some voters to cast more than one vote. For example under plural voting individuals may be able to cast a vote in every electorate in which they own property.

Question 19

Plurality (also simple majority)

Answer 19

And election result in which the winner is the candidate who gains the largest number of votes but who does not necessarily achieve an absolute majority.

Question 20

Police caution

Answer 20

An action by the police to formally interview an offender and set conditions for their future behaviour rather than require them to attend court. (See diversion)

Question 21

Political party

Answer 21

An organised group that seeks to achieve representation in parliament and to exert influence or control over the machinery of government. (See major party and also minor party)

Question 22

Political system/politics

Answer 22

The system of political decision-making in a society. In all societies individuals and groups have conflicting interests, beliefs and goals. Politics is the activities through which support for alternative public policies and activities is organised and conflict between groups is resolved.

Question 23

Polling place

Answer 23

A location where people go to vote on the day of an election; often a school or town hall.

Question 24

Post-trial stage

Answer 24

The stage in the trial process when the judgement of the court is formally entered and a penalty or sanction may be imposed.

Question 25

Preamble

Answer 25

The initial part of an act that sets out the aims of objectives of the act.

Question 26

Preamble of a Constitution

Answer 26

A preamble often forms the initial part of a constitution and sets out such things as the sources of authority of the Constitution, it’s objectives, the parties to the constitutional agreement and symbolic statements concerning the political and social values that underlie the document. The Commonwealth of Australia act includes a preamble that state its source of authority and lists the parties that agreed to the Australian Constitution

Question 27

Preference whispering

Answer 27

A preference exchanging arrangement between minor and micro parties in a multi-member election. It is made possible because of ‘group tickets’ whereby a registered party in an election predetermines a preference distribution. Voters who ‘vote above the line’ for the party adopt these preferences, making it possible for small parties to do preference deals with other groups that give them a chance of benefiting from a large flow of preferences.

Question 28

Preferential Voting

Answer 28

A voting system where voters must indicate their order of preference for the candidates listed on a ballot. The successful candidate must secure an absolute majority of votes on first preferences (primary votes) or have an absolute majority after preferences have been distributed. In a distribution of preferences the candidate with the fewest primary votes is eliminated and their preferences are distributed among the remaining candidates. This process continues until one candidate secures an absolute majority.

Question 29

Pre-selection

Answer 29

The endorsement of an individual seeking election as the official candidate of a political party.

Question 30

Presidential government

Answer 30

A system of government where the political executive office combines the roles of head of state and head of government, and where the authority to rule is derived from the people. Democratic presidential systems generally feature a directly elected president.

Question 31

President of the Senate

Answer 31

The presiding Officer of the Senate. (See Presiding Officers of Parliament)

Question 32

Presiding officers of Parliament

Answer 32

A member of parliament elected to chair the sittings of parliament and be in charge of the business, proceeding and administration of their chamber. They seek to ensure that proceedings are conducted in accordance with standing orders and established Parliamentary practice. In the Senate this task is carried out by the president and in her absence, the deputy president. In the House of Representatives these positions are called the speaker and the Deputy Speaker.

Question 33

Pressure group

Answer 33

An organised group of people who share common interests, attitudes, or beliefs and take deliberate action that is aimed at influencing public policy, either to achieve some change in policy or administration or support the status quo and prevent change. Pressure groups activities have become a major means of non-violent participation in modern democracies.

Question 34

Presumption of innocence

Answer 34

The principle that all those accused of a civil or criminal wrong are entitled to be considered innocent until that allegations against them have been proved through due and proper legal process. The presumption of innocence is the ‘golden thread’ of the English legal system and is a fundamental requirement of justice in adversarial law systems.

Question 35

Pre-trial stage

Answer 35

The stage in the trial process that preceded a court hearing. Pre-trial processes enable the parties to a case to state or respond to the legal dispute. In criminal law it includes the process of investigation and the committal mention. In civil law it allows litigants to gain access to the information that is relevant to their claim.

Question 36

Primary (election)

Answer 36

An election held to select a candidate for a general election.

Question 37

Prima facile (case)

Answer 37

Legal term meaning ‘one that the face of it’ or ‘at first sight’.

Question 38

Primary vote

Answer 38

The total of the first preferences cast for each candidate in a preferential election.

Question 39

Private law

Answer 39

Law that governs disputes between private individuals. Used as an alternative time for civil law. Examples include contract law and torts.

Question 40

Private member

Answer 40

A non-executive member of Parliament. More specifically, a private member is a member of Parliament who does not hold a formal office and thus is not part of the government executive (Prime Minister, ministers and Cabinet Secretaries) or a presiding officer.

Question 41

Private Members’ Bill

Answer 41

A non-executive bill. Any member of the opposition or other non-government parties, an independent or a government backbencher me initiate a Private Members’ Bill.

Question 42

Private sphere

Answer 42

Those aspects of an individual’s life that generally are considered to be outside the realm of government activity, such as an individual’s religious beliefs or sexual preference. Civil libertarians seek to defend or even expand the private sphere. An example of this view is the demand that ‘governments must keep out of the nation’s bedrooms’.

Question 43

Privy Council

Answer 43

The privy council is a traditional body that provides advice to the Monarch of the United Kingdom. Until recent decades Australian law was still influenced by the privy council’s judicial committee that could hear appeals from Australian superior courts. The judiciary committee consists of the UK Lord Chancellor, the past Lord Chancellor and selected judges of superior courts of the UK (law laws) and of some Commonwealth countries The judicial committee consists of the UK Lord Chancellor, the past Lord Chancellor and selected judges of superior courts of the UK (Law Lords) and of some Commonwealth countries.

Question 44

Pro bono services

Answer 44

Legal services provided free by a lawyer, generally because they wish to test a legal principle or support people who otherwise could not afford to take a case to court.

Question 45

Proclamation of an Act

Answer 45

The announcement of the official date a new law will take effect.

Question 46

Proportional representation (PR)

Answer 46

A voting system based on multimember electorates in which each successful candidate must achieve a quota – a fraction of the vote that reflects the number of positions to be filled from the electorate. Under proportional voting the proportion of seats won by each party is approximately equal to each proportion of the popular vote. PR is used for many Australian upper house elections, including elections for the Senate, and is also used for elections to the Tasmanian house of assembly. (See quota)

Question 47

Proroguing Parliament

Answer 47

The official closing of session of parliament by the governor or the governor general. It does not involve dissolving either house and thus does not lead to an election.

Question 48

Prosecutor

Answer 48

The legal counsel who presents for the evidence against the accused.

Question 49

Public funding

Answer 49

The full or partial funding of the costs of a political party or political candidates, especially their electoral costs, out of taxpayers funds. Intended to reduce the reliance of political parties on private donations that create the risk of corruption.

Question 50

Public Law

Answer 50

Laws covering key areas of social conduct and social interaction that aim to ensure the general security of society or and forth fundamental social norms or values. Public laws are enforced by society as a whole. Examples are criminal law, industrial law and constitutional law. (See private law).

Question 51

Public sector

Answer 51

The part of the economy that is owned and run by government or government agencies. In general the public sector provides non-market goods and services that are funded from government revenue. (See private sector)

Question 52

Public prosecutor

Answer 52

Counsel acting on behalf of the Office of the Director of Public Prosecution (DPP). The DPP conducts criminal prosecutions in the District and Supreme Courts and appeals flowing from those prosecutions. In the Magistrates Court the prosecutor may be a specially trained police officer.

Question 53

Public service

Answer 53

The structure of government departments and appointed officials that administer government policy and legislation. (See bureaucracy)

Question 54

Public sphere

Answer 54

The shared activities and interests about which a community makes collective decisions through parliament and the courts. (See private sphere)

Question 55

Punishment politics

Answer 55

A controversial tactic used by pressure groups during election campaigns. An example is pressure by single interest groups such the anti-abortion lobby to make candidates publicly state their position on an issue. The pressure group then threatens to redirect the votes of its supporters away from candidates who do not support them or who refuse to state their position on the issue.

Question 56

Push polling

Answer 56

A controversial campaign technique that uses telephone polling to associate an election opponent with a negative issue of circumstance. Clean use of push polling occurred in the 1995 NT elections in which voters were asked if they would change their vote if they knew that the labour opposition would, if elected, introduce two sets of laws - One for ‘blacks’ and another one for whites. Push polling questions are phrased to spread rumour while not directly asserting a fact. Push polling is rare, partly because it is a very expensive campaign technique.

Question 57

Pairs

Answer 57

An arrangement between a government and an opposition to maintain the party balance on the floor of the parliament. When one party’s representation in the chamber is reduced due to reasonable absences then the other will generally agree to forgo the equivalent number of votes in any division that is called.