PAL FINAL EXAM Flashcards
Define liberal democracy?
A political system in which democratically based institutions of government are constrained by liberal inspired constitutional arrangements, political practices and popular expectations
List features of a liberal democracy?
- political representation
- political participation
- rule of law
- independent judiciary
- natural justice
- equality of political rights
- majority rule
- political freedom
How is political representation upheld in Australia?
- electoral system ( FPTP= preferential and proportional)
- voting ( roach 2007 & Rowe 2010)
- representation in HOR and Senate
- senate reform 2016
Issues with political representation in Australia?
- malaportionment
- Gerrymandering
- preference whisperering and GTV
- imbalance between society delegates eg. 50% women but only 29% in HOR and 39% in senate
Principles of rule of law
- everyone is equal under the law, everyone is subject to the law, government accountability, sop, can’t be retrospective and must be understandable
How is popular participation upheld in Australia?
- Voting- max sufferage,
- voter turnout rates/ compulsory voting
- ability to stand for election
- free media to discuss issues + implied right to political communication
- pressure groups
- political parties ( major, minor, micro, independent)
How is an Independent judiciary upheld?
- SOP
- judges can’t be held accountable
- parliamentary sovereignty
Limits to popular/ political participation?
- limits to suffrage
- limits to ability to stand for election
- some pressure groups are more powerful than others
issues with rule of law
- not complete SOP
- Dietrich v queen
Issues with independent judiciary?
- parliament can abrogate, codify or clarify ( parliamentary scrutiny)
- mandatory sentencing
How is natural justice upheld?
Adversarial trial procedure Jury reform Doctrine of precedent Miscarriages of justice Statutory interpretation
List 2 non democratic systems and outline the structures of the systems
ABSOLUTE MONARCHY
All legal powers rest in the decisions of an unelected monarch who held office on the basis of hereditary entitlement. (Non-democratic) e.g London.
OLIGARCHY
Non-democratic political system where power is held by a few powerful elites within society. E.g South American.
Role of executive as outlined in constitution
Executive function is to initiate policy proposal for legislative debates within cabinets then introduced into parliament.
- supervise administration of law passed by legislative -> ministers accountable
- manage business of government -> cabinet meetings to discuss policy
- GG gives royal assent
Consists of Queen represented by Governor General, PM and cabinet( Westminster convention)
- CHAPTER 2 of the constitution
Role of legislative as outlined in constitution?
- Task of modifying and creating the law
- they make statue law, delegated legislation. Parliament has sovereignty over all other parties.
- consists of the parliament (HOR and senate) and queen represented by the Governor General
role outlined in CHAPTER 1
How is Australia a representative and responsible government?
- executives must be supported by majority of parliament and be answerable to the people
- if defeated in a vote of no confidence in lower house or election government must resign
- accountable executives, free fair regular elections,
Define seperation of powers?
The division of government executive, legislative and judicial powers into seperate arms or institutions that act separately and are independent of each other
How does Australia uphold SOP?
- in Australia legislative arm has law making powers
- executive includes the administration of laws and business of government. the party that hold majority in the lower House of Parliament forms the government (sometimes there’s overlap because some members of parliament are also ministers of government)
- task of applying law, courts are independent of legislative and executive functions. Courts are not subject to political interference. Courts do however have ability to create common law, which legislative can abrogate
What is a responsible parliamentary government?
A system of gov derived from Westminster system principles in which
- executives must be supported by majority of parliament and be answerable to the people
- if defeated in a vote of no confidence in lower house or election government must resign
Role of judiciary as outlined in constitution?
Role is to
- interpret and apply the law
- settle disputes
- uphold seperation of powers
- judiciary can resolve disputes between the federal and state governments
P
-consists of high court and other courts.
- role is outlined in CHAPTER 3
List 3 cases to do which show how SOP allows checks and balances? Or doesn’t?
Mabo- recognition required the overruling of the common law doctrine of terra nullius. For this, the High Court has been criticised upon the basis that it thereby usurped a legislative function and so breached the separation of powers doctrine enshrined in the Australian Constitution.
Roach vs electoral commissioner- High Court held that the complete ban on prisoners voting was unconstitutional, as it was inconsistent with the principles of representative government. Abrogating legislation
Define parliament?
A representative body that has responsibilities which include initiation and passage of legislation. The federal parliament consists of the queen ( represented by the Governor General ), House of Representatives and senate
4 Functions of parliament?
- legislation: to make laws. The HOR Makes
And the senate reviews, as they must be passed by both houses - representation: to act on behalf of voters and citizens. The electoral system ensures the HOR represents the interests of majority of voters. Senate ensures that the states interests are equally represented.
- scrutiny: to examine the government in HOR legislation Is debated& Ministers questioned during question Time. Senate is responsible for supervising administrative laws, presenting conflicting views in open debate and disseminating information
- formation of government: government consists of members of the majority Party that wins. Prime minister selects members of majority party to be appointed as ministers of state, senior ministers are selected to be members of cabinet
Role of House of Representatives
Representative function- determining the will of the people + determining government through Westminster convention ( majority seats in house with party leader becomes prime minister)
- scrutinising legislation and having debates regarding bills
Role of the senate?
- 12 from each state 2 from territories
- representative role : reader diversity of opinion
- leg must pass through senate by Royale assent