People and the law Flashcards
Treason
The crime of betraying ones country, especially by attempting over through the government.
Bicameral parliament
A parliament with 2 houses
In Australia they are…
- The Senate (upper house)
- The House Of Representatives (lower house)
In Victoria they are…
- The Legislative Council (upper house)
- The Legislative Assembly (lower house)
Australian constitution
A set of rules and principals that guide the way Australia is governed.
The Australian Constitution was passed by the British Parliament and its formal title is “Commonwealth of Australia constitution” act 1900 UK.
Constitutional monarchy
A system of government in which a monarch (king or queen) is the head of state and a parliament makes the laws under the laws of constitution.
Concurrent powers
Powers in the Australian constitution that have been shared between both the commonwealth and state parliaments.
- Trade
- Taxation
- Marriage/divorce
- Postal services
Executive council
A group of people consisting of…
The Prime Minister and Senior Minister (commonwealth level)
Premier and senior ministers (state level)
Responsible for “administering” and “implementing” the law by giving advice about the government and government departments.
Exclusive powers
Law making powers that are held be the commonwealth parliament.
Section 51 = exclusive or concurrent powers (commonwealth + state)
Section 52 = only exclusive powers (commonwealth)
- Defence
- Currency
- Boarder security
Legislative assembly
The lower house of the Victorian parliament.
Legislative council
The upper house of the Victorian parliament.
Referendum
The method used to change the wording of the Australian constitution.
Requires a proposal to be approved by the Australian people in a public vote.
(double majority)
Votes either YES or NO
Residual powers
Powers that were not given to the commonwealth parliament and therefore remain with the states.
Section 106, 107 and 108 protect these powers
- Criminal law
- Road law
- Public transport
- Medical procedures
- Education
Royal assent
The formal signing and approval of a bill by the Governor General (commonwealth level) or governor (state level) after this the bill becomes an “Act of Parliament” (a law).
Main features of the constitution
- Establishes the commonwealth parliament and outlines the structure of the “House of Representatives” and “Senate”.
- Establishes the “High Court” of Australia and gives it powers to interpret the constitution.
- Facilitates the division of law making powers by setting out what law making powers are held by the commonwealth parliament.
- Provides a mechanism by which the wording of the constitution can be changed (by referendum).
- Sets out matters relating to the states.
Governor General
The Queens representative at commonwealth level.