Legal Flashcards
1
Q
Define democracy
A
All eligible citizens have the power to make decisions and vote upon rules etc. They all must vote which encourages a democratic society.
2
Q
Explain a representative democracy.
A
Citizens choose representatives to make decisions on their behalf.
3
Q
Explain a direct democracy
A
Policies and laws are decided by a majority of all those eligible rather than by a body of elected representatives. E.g. referendum
4
Q
What makes up a democratic society?
A
Society made up of participating citizens. They value:
- respect for the individuals and their rights to make their own choices
- tolerance of differences of opposing ideas
- equity by valuing all people and supporting them to reach their full potential
- freedom for each person to have freedom of speech, association, movement and freedom of beliefs
- justice by treating everyone fairly in society and court
5
Q
How many people are in the different “rooms” of parliament?
A
Senate - 76
House of Representatives - 151
6
Q
Who is a member of parliament that is not mentioned in the constitution?
A
The Prime Minister - P.M.
7
Q
What does M.P. stand for?
A
Member of Parliament
8
Q
What is Australia’s constitution a hybrid of?
A
US and UK systems
9
Q
Voting laws
A
Compulsory for citizens 18 and over
10
Q
Who do we vote for?
A
The different parties - labor, liberal, greens
We don’t vote for the PM, they are the leader of the winning party
11
Q
What is the role of the opposition vs government vs crossbench?
A
Opposition - Ensures that laws are made in the best interests of society. They challenge the government to ensure accountability. Can block or amend legislation in the Senate if they have enough support. Tries to make the gov. look bad so they win the next election.
Government - Formed by the party (coalition). Ministers are appointed to run different departments e.g. health, education etc
Makes and implements laws (executive power). Responsible for managing country - economy, defense, foreign policy etc
Crossbench - Made up of independent MP’s and minor parties (greens, One Nation, Teal independents)
12
Q
Before 1901 there was no…
A
Commonwealth
13
Q
What is meant by there was no commonwealth before 1901?
A
Australia was not a single, united country before that year. Instead, the land was made up of six separate British colonies:
New South Wales
Victoria
Queensland
South Australia
Western Australia
Tasmania
Each colony had its own government, laws, and even trade policies (e.g., some had customs duties when trading with others). They were all part of the British Empire but governed separately.
14
Q
What are the benefits of democracy?
A
- there are always ways to resolve different views and conflicts peacefully - court or calling council etc.
- respect for human dignity - freedom of choice and speech, equal rights
- the freedom to act, speak and think freely (but you cannot use that freedom to harm or silence others)
- equality before the law - everyone gets treated the same (police officers vs poor people etc)
- safe and secure community - because democratic systems create laws, rights, and institutions that protect people and maintain order.
- good gov. that is efficient, transperent, responsive and accountable to citizens - government leaders have to answer for their actions and can be punished or replaced if they make mistakes or do something wrong.
- ability to hold elected representatives accountable
15
Q
What are some key ideas of Australian Democracy?
A
- active and engaged citizens
- an inclusive and equitable society
- free and franchised elections - they allow all eligible citizens to vote for their leaders and make decisions about laws and policies without interference, ensuring that the government is chosen by the people and remains accountable to them.
- the rule of law for both citizens and the government - the rule of law means that both citizens and the government must follow the law, ensuring fairness, equality, and accountability, so no one, not even leaders, is above the law.
16
Q
When did voting become compulsory?
A
1924
17
Q
When did voting first start?
A
1901 - but wasn’t compulsory and certainly no women could vote and only men of a certain social and economic status (or with certain jobs etc.)
18
Q
What was the Franchise Act?
A
1902 - Granted voting rights to Australian women and confirmed the right of men to vote in federal elections, but it initially excluded Indigenous Australians and made voting voluntary.
19
Q
When was the law that Indigenous Australians had the right to vote introduced?
A
1962
20
Q
When was the voting age lowered from 21 to 18?
A
1973
21
Q
Define vote
A
To express your choice or opinion, especially by officially writing a mark on a paper.
22
Q
Define Voting
A
Voting allows members of society to take part in deciding government policies that affect them.
23
Q
Define Ballot
A
A system of secret voting
24
Q
Define Election
A
A federal election is when Australians vote for people to represent them in the senate and the House of Representatives in the Australian Parliament.
25
Define Women's suffrage
Refers to the right of women to vote in an election
26
Define royal assent
The official approval of a law by the governor general (the king's representative).
27
What was the constitution?
A book which has a set of rules outlining how the government in Australia runs and outlines the rights of the people. How Aus is run and controlled.
The birth certificate of our nation
Describes the structure, role and powers of the Aus Parliament.
Details the roles of the executive gov and the high court.
e.g. a right of a human is the right to have religious freedom.
28
What is the historical significance of the Aus. Constitution?
When Australia became a federation nation, it resulted in the Aus constitution.
It incorporated principles from the British Westminster system, including responsible government and constitutional monarchy under the Crown.
Introduced a referendum system for constitutional changes, ensuring direct public involvement in key legal reforms.
29
When did the constitution first come into effect?
1st Jan 1901
30
Main components of Constitution?
Executive: PM, ministers (in charge of a government department or assist in the administration of a department, such as the Department of Defence, or health) and governor general. They run the country and enforce laws.
Judiciary: High court and other federal courts. They interpret the law and apply it, ensuring laws follow the constitution. Also resolve disputes between individuals, states, and governments.
Parliament: House of reps, senate, king (represented by gov. general. They create and pass laws and represent the people.
31
How can we change the constitution?
Referendum
32
What role does the Aus constitution play in shaping the legal and political structure of Aus?
Parliament must follow the rules of the con. and they cannot change it without a referendum.
The separation of powers means that parliament, executive and judiciary don't have too much power for change.
33
What are the key features of the Government system that was established by the constitution in Aus?
- parliament and government that are responsible for national decision and law making
- a bicameral parliament: king represented by governor general, senate and house of reps
- 6 state gov. responsible for state matters
- power sharing arrangements between the aus and state parliaments
- high court is the final court criminals will see in needed. They interpret the constitution and decide on its meaning as well as settling disputes between the australian and state governments.
34
What is the governor general's role?
Represent the king and fulfill their duties here in Australia.
35
What is the cabinet?
Group of senior government ministers led by the PM. They make key decisions on laws.
36
Explain preferential voting
Voting system where voters rank the candidates.
37
What dies repeal mean?
Process of officially removing or cancelling a law so it no longer applies.
38
What is the legislation?
Laws that are created or changed by a government through a formal process.
39
What are the three levels of government?
1. Federal/National Parliament
2. State and territory Parliaments
3. Local council
40
Explain the Federal/National Parliament
- Meet at parliament house, Canberra
- power to make laws for whole country
- immigration, tax - things that affect all australians
leader = pm
- makes the laws which are carried out by the federal gov.
- responsible for services - employment, airports etc.
41
Explain the State and Territory Parliaments
- power to make laws for whole state/territory
- meets in each capital city of each state / territory
- makes laws that are not covered by the constitution (schools, roads, hospitals)
leader = premier
42
Explain the local councils
- councils are responsible for issues such as local roads, parks, pet control etc.
- they make bylaws
- leader = mayor
43
What are the main functions of parliament?
- to provide the formation of gov.
- to legislate (make laws)
- to provide a forum for popular representation (gives people a voice by allowing their elected representatives to debate and make decisions on their behalf).
- to scrutinize the actions of the gov (to look over and check).
44
What happened in 1901?
Australia's colonies federated into the commonwealth of Australia
45
Who are the members of the crossbench?
Independents and minor party members
46
Do the three levels of gov. work together?
Yes - to solve problems and provide Australian's with the services they need. E.g. federal parliament funds interstate (between 2 or states) and other highways. State parliaments manage major roads and local councils look after local roads.
47
What is another word for the Australian gov?
The Commonwealth Gov.
48
What does parliament consist of?
Queen/King represented by the gov. general and two houses. This makes Aus. a constitutional monarchy
49
Steps of a law getting passed
1st reading
2nd reading
House committee*
Consideration in detail*
3rd reading
Bill passed (ALL PREVIOUS STEPS ARE IN HOR)
1st reading
2nd reading
Senate committee*
Committee of the whole*
3rd reading
Bill passed (ALL PREVIOUS STEPS IN SENATE)
Royal assent
Bill becomes an act of parliament (ALL PREVIOUS STEPS ARE BY GG)
50
Who has a constitution in Australia?
Each state has its own constitution and a state parliament which is located in each capital city. Territories only have territory parliaments and no constitution.
51
Where do local councils get most of their money from?
They get money from fines and licenses that are not suitable. They also get large sums of money from the federal parliament.
52
How are the PM, premier and mayors elected?
PM - Elected by members of federal parliament
Premier - Voted in by state election
Mayor - Elected by residents in the local area
53
What is the hierarchy in the federal parliament?
Governor general > PM > Senate > House of Representatives
54
What is the hierarchy in the state/territory parliament?
Governor > Premier > Legislative council > Legislative assembly
55
What is the hierarchy in the local council?
Mayor > Councilors (elected by people in local area)
56
How is the government structured to ensure a fair and democratic system of law making?
Structures with separate branches (legislative, executive and judicial) to prevent any one group from having tooo much power. Elected representatives in a bicameral (a legislative body that has two chambers - senate and house of reps) parliament ensure laws reflect the will of the people and are reviewed with fairness.
57
When Australians vote at federal elections, what are they voting for?
They rank people out of their electorate (usually one perosn from each party) and then those people make up the HOR's and the party with most people in HOR's wins gov. and the 2nd most seats becomes opposition. Out of the gov, the leader of this party wins PM.
58
What are some key skills that an MP needs to perform their duties effectively?
Communication, research, analysis, negotiation, problem-solving and organisation.
59
What are some ways in which an MP helps their constituents (the people they represent)?
MP's respond to concerns, provide services, hold meetings and represent community needs in parliament.
60
How many hours a day to MP's work?
Usually over 12+ hours especially during sitting periods.
61
Who forms the executive gov?
PM, Deputy PM, Leader of the government in the Senate, Ministers and then the backbenchers are on the government side but are separate from the executive gov.
62
Who forms the opposition in Parliament?
Leader of the opposition, Deputy leader of the opposition, Leader of the opposition in the Senate, Shadow ministers and then the backbenchers that are part of the opposition.
63
Role of the PM
Leader of Aus. gov. Must meet with other Pm's from other countries etc.
64
Role of deputy PM
Helps the PM - part of executive gov
65
Role of leader of the opposition
MP who leads the largest party or coalition of parties that is not in the government. Leader of all the shadow ministers who are a part of the shadow cabinet.
66
Role of the leader of the nationals
The opposition is formed by a coalition of the nationals and the liberal part of Aus.
Represents rural interests
67
Role of the leader of the gov in the senate
Chosen by their party or coalition of parties to lead them in the senate and is the main gov spokesperson in the senate.
68
Role of the leader of the opposition in the senate
Chosen by their party or coalition of parties to lead them in the Senate and is the main opposition spokesperson in the senate.
69
House of Representatives
151 members in total - 12 independent members
Lower house
Made up of labor and liberal etc
Aus. gov. formed in the house of reps (house of reps forms the gov)
Each member represents one of Australia's 151 electorates.
Same number of voters in each electorate.
Scrutinize the executive gov
Propose, debate and vote on bills and amendments
Represents the interests of people in their electorates.
70
Senate
76 senators - 4 independents
Upper house
Made up of labor and liberal etc
Are elected to the senate by the people of aus in federal elections
national laws are made and changed by debating and voting on bills
A bill must be agreed to in identical form by both the senate and house of reps
Propose debate and vote on bills and amendments
Scrutinize executive gov
Represent the interests of people in their states and territories
71
Explain federal ministers
Members of the house of reps or senate. They are in charge of specific areas that the gov. runs called portfolios. Supervise work within their portfolio. E.g. health
72
If you aren't a member of the house of reps or senate you could be...
Local council member or governor general
73
What are shadow ministers part of?
Shadow cabinet
74
Who is the PM's party?
The one who wins the most seats in the house of reps.
75
Who is the opposition leader's party?
The 2nd winning party with 2nd most seats
76
Explain senior ministers
Form the cabinet and meet regularly - high ranking memebrs of gov who rule certain portfolios
77
Compare federal VS senior ministers
Federal:
- gov. of country at federal level
- responsible for various portfolios
- includes senior and junior ministers
Senior:
- subset of federal ministers
- responsible for most important portfolios
- part of cabinet
- must answer to the cabinet and help form government policies (strategies)
78
What is the role of the president in the senate and the speaker in the house of reps?
To run meetings in the respective houses.
79
Explain the Usher of the Black Rod?
Maintain order in the upper house. Handles the security and admin of upper house.
80
Explain the Sergeant at Arms?
Responsible for maintaining order in the lower house - carries mace, symbol of authority in parliament. Ensures MP's follow rules and has the power to remove unruly members.
81
Where is gov. formed? (Means: where is the ruling party chosen)
In the house of reps
82
Compare parliament to government
Parliament:
- bigger - gov. is part of parliament
- makes and revises most laws
- scrutinizes gov
- highest authority
- gov general, houses
Government:
- part of parliament
- produced by parliament after election - the largest party in the house of reps
- in charge of legislation (all laws)
83
Define bill
A proposed law that must pass through parliament before becoming an official law
84
Define government
The party or coalition in power, responsible for implementing laws and running the country or state.
85
Define electorate
All the people in an area who are entitles to vote in an election
86
Define coalition
An alliance between two or more political parties that work together to form a gov. E.g. alliance between the liberal and national party - still separate parties but they agree on eachothers policies and terms etc.
87
Define backbench
Refers to the MP's who are not ministers or shadow ministers. They sit in the back rows of parliament, behind the leaders and ministers. They represent people in their electorate and vote on laws.
88
Define minister
Part of ruling gov. managing specific departments/portfolios
89
Define shadow minister
Part of ruling gov. managing specific departments
90
Define frontbenchers
Ministers and shadow ministers. The rest are the backbenchers.
91
Define federal ministers
Members of either house.
92
What legislative powers do all Australian Parliaments have?
- pass new laws e.g. underpaying becoming illegal
- amend existing laws
- repeal laws (agriculture etc)
93
Name the houses of parliament for the following states and territories
Western Australia – Legislative Assembly, Legislative Council
South Australia – House of Assembly, Legislative Council
Victoria – Legislative Assembly, Legislative Council
Tasmania – House of Assembly, Legislative Council
New South Wales – Legislative Assembly, Legislative Council
Northern Territory – Legislative Assembly
Australian Capital Territory – Legislative Assembly
Queensland – Legislative Assembly
94
Who is part of the executive government?
PM, deputy PM, leader of the government in the Senate and all ministers.
95
What are some characteristics of an effective law?
For a law to be effective, it must uphold the rule of law and achieve just and equitable outcomes in Australian society.
1. clarity: clear and enforceable
2. Accessible and known
3. Fair and consistently applies (unhold the rule of law)
4. Amendable: able to be changed (as communities develop)
5. stable: constantly changing a law is confusing so it must be stable
6. prospective (future focused): people can comply with them easily
96
What are some good and bad things answering this question: does australia's federal law making process create effective laws that balance the needs of all australians?
Good
- lots of professionals have a say
- works in favour of the people (151 electorate representatives make up the HOR's) elected by the people
- bill is reviewed by both houses - gov and opposition look at bill so it isn't just in best interests of the gov.
Bad
- GG has the final say - one person has the make/break decision
- solw and inefficient process
- make laws that aren't in best interests of society: only want it to make themselves look good.
97
Structure to write an extended response (analysis and evaluation)?
P1 - intro sentence about topic of role: the role of ___ in society is...
- briefly describe the topic and provide more detail on topic
P2 - analysis - compare and control (strengths and weaknesses )
- explain 2-3 strengths of the topic
- explain 2-3 weaknesses or bad things of the topic
P3 - Evaluation - answer question (what do you think now you have explained the process and identified the strengths and weaknesses. rely on facts not your opinion.
