Glossary - R

Question 1

Ratio Decidendi

Answer 1

The key reasons or core principle underlying a court judgement in common law. The ratio decidendi of a higher court forms the precedent that is binding on the decisions of a lower court.

Question 2

Recidivism

Answer 2

Re-offending by ex-prisoners that lead to their return to jail. The level of recidivism is seen as a sign of the failure of prisons as a form of punishment.

Question 3

Redistribution

Answer 3

The periodic redrawing of electoral boundaries, generally as a result of changes in the size and distribution of the population of a region.

Question 4

Referendum

Answer 4

A direct vote of the electorate on a policy proposal. Generally the results of a referendum are binding. The Australian Constitution can be amended by a referendum carried out under the provisions of s128 of the Constitution.

Question 5

Referral of Powers

Answer 5

The transfer of an area of authority of a state parliament to the Commonwealth parliament under the provisions of s51 (xxxvii) of the Australian Constitution. This process is one way (only the states can refer powers to the Commonwealth powers, not the Commonwealth to the states) and is not reversible.

Question 6

Registrar

Answer 6

A legally qualified person who acts in legal proceedings with delegated powers from a presiding judge. They often have a role in civil proceedings.

Question 7

Remand

Answer 7

The act of holding a person in detention between their arrest and their trial. The principle of habeas corpus requires an investigating authority (eg; the police) to present a person who has been arrested, questioned and charged to a judge who then decides if they can be granted bail or should be held on remand. Remand is used when it is thought likely that the person will be a continuing danger to the community or is likely to abscond and fail to appear for trial.

Question 8

Remedies

Answer 8

Orders made by a court in a civil dispute to compensate a successful plaintiff for the wrong committed against them by the defendant. Examples of remedies are financial damages and orders of restitution.

Question 9

Representative Democracy

Answer 9

A political and legal system that is based on the principles of individual freedom and equality and the rule of the people. In direct democracies the people vote directly on legislation and in representative democracies the people’s elected representatives vote on legislation. Direct democracy famously existed in Ancient Greece. Examples of representative democracies include Australia, The Unites States and the countries of Western Europe.

Question 10

Representative Function

Answer 10

The role of parliamentarians in representing the views and interests of the electorate. There are three competing models of this role; the delegate model; the partisan model; and the trustee model.

Question 11

Republic

Answer 11

A system of government where the authority of the Head of State (usually called a President) is derived from the people. In democratic republics the people directly or indirectly choose the Head of State. This contrasts with monarchies where the authority of the King or Queen is based on inherited right. Examples of democratic republics include The United States, France and India.

Question 12

Rescission

Answer 12

A court order in a civil dispute that declares a contract null and void because the acts of the defendant which make it impossible for the contract to be completed.

Question 13

Reserve Powers

Answer 13

Constitutional powers of the Governor General that may, under certain circumstances, be exercised on a Governor General’s own initiative. Most of the Constitutional powers of a Governor General are regarded as express powers that can only be exercised on the advice of the Prime Minister and of Federal Executive Council. It is generally accepted that the reserve powers include the power to call an election when there is a hung parliament and the power to dismiss the Prime Minister under some circumstances.

Question 14

Residual Powers

Answer 14

The areas of law-making authority not granted to the Commonwealth alone, or jointly with the states, by the Australian Constitution. The power to make laws in these areas remained under the sole authority of the states. Examples are laws regarding the public provision of education and health services, policing and criminal law.

Question 15

Responsible Parliamentary Government

Answer 15

A system of government from British Westminster principles in which the executive must be supported by a majority of the parliament that is itself answerable to the people. If it is defeated on a motion of no-confidence in the lower house of parliament or at an election, the government must resign.

Question 16

Restitution

Answer 16

Restitution is a civil remedy in which a Court requires a defendant to return property of the plaintiff.

Question 17

Restorative Justice

Answer 17

Approaches to justice that seek dispute resolutions that recognise the damage done to the victim and the community and as far as is possible to repair the harm of the crime. Restorative justice directly involves the victim in determining the harm created and in seeking a just reconciliation between the victim and the offender.

Question 18

Reversing

Answer 18

The action of a higher court in overturning the decision of a lower court and substituting a correct ratio decidendi where a lower court applied an incorrect ratio to a case.

Question 19

Rights

Answer 19

Characteristics, abilities or actions of human beings that should not be limited by laws. Examples Include the right to free speech and the right to free religious expression.

Question 20

Right to Silence

Answer 20

Both the right in law of suspects to remain silent when questioned by police and the right of an accused not to give evidence in a trial. A key part of this right is the principle that a jury may not make inferences about the guilt of an accused because they chose to remain silent.

Question 21

Robson Rotation

Answer 21

A process of rotating the order of candidate’s names on the ballot paper, so the favoured positions (top and bottom of the ballot paper) are shared equally between all candidates.

Question 22

Royal Assent

Answer 22

When a Governor or the Governor General sign a bill on behalf of the Queen so it becomes an Act. Royal Assent does not necessarily mean an Act has legal force, as this requires the proclamation of the Act.

Question 23

Rule by Law

Answer 23

Rule by law exists where legal disputes between individuals are settled according to a consistent code of laws (or customary laws) but where political leaders are not bound by the same laws.

Question 24

Rule of Law

Answer 24

The principle that all individuals are equal before the law. It asserts that laws must be based on consent, involve consistent and accepted procedures, and apply to all actions of government as well as the actions of individuals. The idea of the rule of law rejects arbitrary and absolute power. Thus it can be expressed as the ‘rule of laws not of men’.

Question 25

Rules of Evidence

Answer 25

Rules governing the acceptability and presentation of evidence in a trial. The rules of evidence are intended to ensure fair process but are sometimes criticized as limiting the ability of a trial to discover facts. Examples are the relevance rule and the rule against hearsay evidence.