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legal studies > IA1 Revision > Flashcards

IA1 Revision Flashcards

1
Q

Bureaucratic process

A

Formalised structure with a well-defined hierarchy, division of labor and standards of operation.

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2
Q

Responsible government

A

Responsible to the Parliament, to ensure that the government does not abuse its power; the government must retain the support of the majority of members of the House of Representatives to stay in power.

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3
Q

Representative government

A

A system in which people vote for candidates to represent them in parliament and make laws on their behalf.

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4
Q

Minority government

A

A government in which the governing party has the most seats but still less than half the total.

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5
Q

Majority government

A

A government by one or more governing parties that hold an absolute majority of seats in a legislature.

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6
Q

Unicameral government

A

One house, the House of Representatives.

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7
Q

Bicameral government

A

Two houses, the Senate and the House of Representatives.

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8
Q

Coalition government

A

A government where political parties enter a power-sharing arrangement of the executive.

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9
Q

Joint sitting

A

When a joint sitting is held Members and Senators deliberate and vote together on the proposed law in the form it was last proposed and by the House of Representatives.

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10
Q

Hung parliament

A

No political party has enough seats to secure an overall majority.

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11
Q

Double dissolution

A

The simultaneous dissolution of the upper and lower houses of parliament preparatory to an election, used to resolve a deadlock between the houses.

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12
Q

Senate

A

Upper house, house of review

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13
Q

House of Representatives

A

Lower house

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14
Q

Concurrent powers

A

Powers held by both the State and Federal Government.

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15
Q

Residual power

A

Powers held by the State Government.

  • Health
  • Education
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16
Q

Exclusive powers

A

Powers held by the Federal Government.

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17
Q

Mabo v Queensland (No.2) (1992)

A
  • Legal claim for ownership of land
  • Agreed traditional ownership of their land, Parliament passed the Native Title Act in 1993.
18
Q

Wik Peoples v. Queensland (1996)

A
  • High Court held that native title rights could coexist on land held by pastoral leaseholders.
  • Land is still able to be leased, but that land still belongs to the native title holder.
  • Inconsistency between rights means the rights of the native title holders must yield.
19
Q

New South Wales v. Commonwealth (2006)

A
  • Held that the federal government’s WorkChoices legislation was a valid exercise of federal legislative power under the Constitution of Australia.
20
Q

Roadshow Films v. iiNet Limited (2012)

A
  • High Court held that iiNet was not liable for authorising its customers infringement of copyright films downloaded.
  • A lawsuit was brought alleging that iiNet was liable by failing to act upon notices alleging that users were infringing their copyrights.
  • iiNet had no direct power to prevent customers from infringing the copyright
21
Q

R v. Bayliss and Cullen (1986)

A
  • A doctor and his anaesthetist assistant were charged with offences under the Queensland abortion provisions.
  • After interpretation it was found that an abortion would be lawful if carried out to prevent serious danger to the woman’s physical and mental health.
22
Q

Al Masri v. Minister for Immigration & Multicultural and Indigenous Affairs (2002)

A
  • Examines the legality of detention of an asylum seeker
23
Q

The Attorney-General for the Commonwealth v ‘Kevin and Jennifer’ & Human Rights and Equal

A
  • The Attorney General affirmed that Kevin and his wife (Jennifer) were not legally able to get married as they had both been born female.
  • Corbett v. Corbett, which stated that gender was decided by biology at birth.
  • Legal issue was whether Kevin was considered a “man” in the eyes of the Marriage Act 1961
24
Q

Opportunity Commission (2003)

A
  • Guarantees of equality before the law and non-discrimination
25
Q

Dietrich v. The Queen (1992)

A
  • Established that a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided.
26
Q

Fitzgerald Inquiry (1987-1989)

A
  • The commission of inquiry into possible illegal activities and associated police and political misconduct.
  • Involved illegal gambling and prostitution.
  • Ordered by acting Queensland Premier Bill Gunn after the media reported possible police corruption.
  • Lead by Tony Fitzgerald QC
27
Q

What is the Closing the Gap Report?

A
  • Annual report on improving life outcomes of Indigenous Australians
  • Sets targets for improving outcomes in areas such as health, education and employment
  • Shows limited progress on key targets
28
Q

s51

A
  • Legislative powers/responsibilities of the Parliament
29
Q

s128

A
  • Mode of altering the Australian Constitution
  • Referendum
  • Double majority rule
30
Q

s109

A
  • Inconsistency of laws (between Commonwealth and State law)
  • Commonwealth law shall prevail and the State law shall be named invalid to the extent of the inconsistency
31
Q

Murray-Darling basin

A
  • Residual power, water belongs to the states
  • Farmers must buy water
  • States sell the water
  • Dry in SA due to water being taken by other states (communities and farmers effected)
  • Destroying the ecosystem/river
  • Water Act 2007 (doesn’t work)
  • s51, external affairs power can be enacted, protected by RAMSAR
32
Q

Common law

A
  • Judge made laws
  • Developed through the decisions of the court
  • Also known as “case law” or “case precedent”
  • Provides contextual background for the application of many legal processes
33
Q

Should Australia become a republic?
(positives and negatives)

A
  • Indigenous perspective
  • $
  • Abolishes patriarchal aristocracy
  • Not broken, do not have to fix it
  • Aligns to Europe
  • Already working
34
Q

Rule of law

A
  • Laws apply to everyone equally, including the people who made them
  • Everyone knows the law and their rights
  • Easy to understand
  • Easy to be efnforced
35
Q

s29

A
  • External affairs power
36
Q

The Seperation of Powers

A
  • Parliament, executive and judiciary
  • Ensures not one group/individual has all the power
37
Q

Double majority

A
  • For a bill to be passed, it must gain the support of a “double majority”
  • Majority of electors from all states and territories and majority of electors from majority of states and territories (at least 4 of the 6 states0
38
Q

Convention

A
  • A convention is an unwritten rule, not a law.
  • An accepted way of doing something.
39
Q

Explain the role of the High Court

A
  • Interpret and apply the law
  • Decide cases of special federal significance including constitutional validity of laws
  • Hear appeals from federal, state and territory courts
40
Q

Tasmanian Dam Case (Commonwealth v. Tasmania)

A
  • Government proposed the building of the dam
  • Purpose to stop the dam
  • Bob Hawke, if you vote he will stop the building of the dam
  • Tasmania owns the water
  • s51, external affairs power, federal can extinguish an act of the states
  • Made a World Heritage site, able to override state government
41
Q

Role of the Govenor-General

A
  • King’s representative and Head of State in Australia
  • Gives royal assent to proposed bills
  • Appoints prime minister and other ministers, judges and ambassadors
42
Q

The Division of Powers

A
  • Residual (state)
  • Concurrent (state and federal)
  • Exclusive (federal)

legal studies (1 decks)

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