Knowledge Questions Flashcards
Define representative government
A government that is reflective of the people they represent
Define responsible government
Responsible Government is a system where the government is answerable to elected representatives of the people for its actions.
Define the Australian Constitution
The Australian Constitution is the set of rules Australia is governed by
What is a double majority?
A double majority is referred to as a majority of those voting nationwide, as well as the separate majorities of states.
What is a minority government?
A minority government occurs when no political party has enough seats to control government.
What is the House of Representatives?
The House of Representatives is known as the lower house. The role of this cabinet is to represent the interests of their constituents. Introduce, debate and then pass or reject proposed laws
What is the Senate
The senate is known as the upper house of the Federal Parliament. The role of the Senate is to make sure each state is represented in equal numbers of members. Review bills from the House of Representatives.
What is a confidence and supply agreement?
Denoting an arrangement in a hung parliament in which an opposition party agrees not to vote against a minority government in votes of confidence or budgetary matter but reserves the right to oppose other legislation.
Define exclusive powers
Powers which may only be exercised by the Commonwealth Parliament
Define concurrent powers
Powers which can be exercised by both the Commonwealth and State Parliaments. If a State passes a law which conflicts with Commonwealth law s109 applies
Define residual powers
Any area that is not covered in the Constitution is considered to be within the states’ powers to make laws and is called residual power.
What is a majority government?
A majority government refers to one or multiple governing parties that hold an absolute majority of seats in legislature.
What is parliament made up of?
The Parliament is made up of the Queen (represented by the Governor General), the House of Representatives and the Senate.
What is Governance?
The way that organisations or countries are managed at the highest level, and the systems for doing this
Define s44
Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia.
Define s51
Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation
Define s109
If a State passes a law which conflicts with Commonwealth law s109 applies
Section 109 states ‘When a law of a State is inconsistent with the law of the Commonwealth, the latter shall prevail and the former shall, to the extent of the inconsistency, be invalid.’
Define s128
The Constitution provides in s128 that it can only be changed by a special procedure called a referendum.
What is the role of the High Court?
The High Court has two main roles. It states in the Constitution that the High Court of Australia is to act as the guardian of the Australian Constitution. The High Court decides disputes arising from the Constitution and is the ultimate court of appeal for Australian courts.
Define legislative power
The making of law is called legislative power and rests with the representative governments of the Commonwealth and States, when assembled as parliaments.
Define executive power
The implementing or carrying out of law is called executive power and is handled by the Executive or Cabinet, consisting of the Governor and the Ministers of the Government in the States
Define judiciary power
Interpreting the law. This is carried out by the courts and tribunals
Define accountable government
Accountability involves being called to account to some authority for one’s actions
Define legislation
Law made by Parliament. Also known as an Act.
Define case law
Law made by Judges.
Define governor general
The crowns representative in Australia
Define Hung Parliament
Some elections don’t produce a clear majority. When this occurs, it is known as a hung parliament.
Define unicameral parliament
One house- Queensland parliament’s legislative assembly
Define bicameral parliament
Two houses- Federal parliament’s House of Representatives and Senate
What is the purpose of the Constitution?
The Australian Constitution describes the composition, role and powers of the Australian Parliament. It sets out how the Australian and state parliaments share the power to make laws.
Explain the relationship between the High Court and the Australian Constitution
It is the Constitution that established the High Court of Australia as guardian of the Constitution
Why is the principle of an independent judiciary so important?
Judges are free to make decisions on a case by case basis and not feel pressured by outside forces.
State three advantages of a Unicameral Parliament
Less expensive, No duplication of work, Progressive legislation
State three disadvantages of a Unicameral Parliament
Lack of scrutiny, Less representation, Lack of diversity
What was the significance of Commonwealth v Tasmania?
The Commonwealth v Tasmania case is significant as the High Court allowed the widening of the external affairs power in s51 of the Constitution to enable Australia to meet the legal obligations of international law.
What was the effect of commonwealth v Tasmania?
This had the effect of also allowing the Commonwealth significantly more power as Australia is a party to many international treaties that require legislation, which in conjunction with s109 can override state legislation in many areas.
What was the significance of Commonwealth v ‘Kevin and Jennifer’?
The decision demonstrated the significant capacity of the Australian justice system to embrace difference by determining that gender is not biological, and that social and psychological factors must be considered.
What legal precedent did Commonwealth v ‘Kevin and Jennifer’ set?
It set a legal precedent that gender should be defined in a modern and contemporary way and gave people hope that transgender persons could receive equal civil rights in a number of areas.
