Influences on the Australian Political & Legal System Flashcards

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1
Q

Explain the ‘Wash minster’ system of government.

A

After the success of Canada’s hybrid system of government (between US & UK) created in 1868, Australia adopted this system because of its potential in achieving the same democratic success.

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2
Q

What were the US influences on Australia’s system of government?

A
  1. A written federal constitution - allocates power of the legislature.
  2. An ‘upper house’ established - the Senate that represents the states at federal level.
  3. Bicameralism (two chambers) - upper house as states’ house, and lower house as people’s house.
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3
Q

What were the UK influences on Australia’s system of government?

A
  1. Constitutional monarchy - the Queen, the Senate, and the House of Representatives integrate to form the Commonwealth Parliament.
  2. A ‘lower house’ established - the House of Representatives, home of the executive government.
  3. A responsible parliamentary government - operating under unwritten constitutional conventions of Individual Ministerial Responsibility (IMR), and Collective Ministerial Responsibility (CMR).
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4
Q

How has the Swiss referendum process influenced Australia’s system of government?

A

… Section 128 (the last section) of Australia’s Constitution describes the ability for the Constitution to be changed.

Through the process of a referendum that collects the people’s approval, a double majority is required - majority of Australian voters; majority of state votes.

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5
Q

How was the separation of powers established in Australia?

A

The doctrine of the separation of powers is an imperative feature to an effective liberal democracy.

According to French aristocrat Montesquieu, the “government should be limited to avoid tyranny.”

To achieve this, separation of powers was implemented to limit the power for one individual/group to posses, through distributing this power between the three branches of government: legislature, executive, and judiciary.

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