Political And Legal Systems Definitions Flashcards
Liberal democracy
A political system in which democratically based institutions of government are constrained by liberal inspired constitutional arrangements, political practices and popular expectations that limit the scope and capacity of the governmental sector.
What are five operating principles of a liberal democracy
Equality of political rights Majority rule Political participation Political freedom Rule of law
How does equality of political rights operate in Aus vs. North Korea
In Aus means legislation ensures equality of equal rights to all citizens before the law.
- protection, association, fair and regular elections,
universal franchise, free press, right to hold office
In nkpr they limit rights of citizens based on social standards.
How does majority rule operate in Aus vs. North Korea
In Aus,Westminster system responsible parliamentary govt. mean greater number should excercise greater power
- majoritarian electoral system in HOR (50%+1), pm
is leader of part w most seats, compulsory voting
In nkpr there is majority rule
How does political participation operate in Aus vs. North Korea
In Aus right to be involved
- join political party, vote, protest, contact rep, freedom of association, stand for election,
In nkpr only can vote, and even then it’s from one party and if you choose to vote for someone it’s considered treason
How does rule of law operate in Aus vs. North Korea
In aus we can appeal cases to a higher court, a transparent judiciary to hold everyone accountable and separation of powers to make an independant judiciary
In nkpr it is rule by law
How does is govt drawn from and accountable to parliament?
Pm drawn from HOR, and cabinet drawn from parliament.
legislature hold govt a countable as it can remove the PM and whole governing party in a vote of no confidence, HOR hold question time, senate reviews legislation initiated in executive.
governor general holds govt accountable as can remove prime minister and ministers
What are two non democratic systems of govt.
absolute monarchy
- form of govt that’s ruled by one person inherited the position, whose actions aren’t restrained by written law or custom
Totalitarian dictatorship
- form of govt which political authority excersises absolute and centralised control over all aspects of life
Representative government
An electoral system with citizens vote to elect people to represent their interests and concerns (Australia house of reps represent peoples views in parliament).
How does political freedom operate in Aus vs. North Korea
In Aus we have liberties to be involved and discuss political and legal matters without fear of govt. ramification
- free media, right to assemble, right to demonstrate
In nkpr none of these freedoms. U will be executed
Responsible government
Executive is your drawn from and accountable to legislative
How is govt drawn by and held accountable to parliament
- Pm drawn from HOR
- Cabinet drawn from parliament
- Vote of no confidence in legislature remove pm and governing party
- Gg can remove pm and ministers
- HOR question time (scrutinise)
- Senate power of review on legislation from executive (scrutinise)
Separation of powers
A doctorate by which the functions of government to make carryout and interpret and apply the laws are dispersed equally in order to prevent the concentration of power. It is a key feature to democracy.
Study function and operations of government branches
Pg. 3
Parliament
Representative body that has responsibilities include initiation and passage of legislation. The federal parliament consists of the Queen (represented by the governor general) house of reps and senate.
What I the extend to which Australia upholds separation of powers
Not complete, but operates
- only judiciary is completely seperate
- executive comprised of member of parliament
We have responsible parliamentary government form Westminster model
What are the four functions of parliament
Make laws - hor initiates and senate reviews Parliament forms govt -members of party w most seats Scrutiny -examine govt a hold accountable Representation - act on behalf of voters and citizens
Exclusive powers
Areas of power in which only Commonwealth parliament can legislate and I’ll codified in the Constitution. (Eg. defence, train tracks, coinage)
Residual powers
Areas of responsibility in which are not stated in the Constitution and are therefore left to the states (S. 1070) only states can legislate in the areas. (e.g. Education traffic and road rules)
Concurrent powers
Areas of responsibility which I’ll codified in the Constitution and under which state and federal government can legislate. If federal law and statute conflicts, federal law prevails (S. 109)
(e.g. Marriage=marriage equality act in ACT deemed invalid due to s.109)
Federalism
Belief of separating power between central government and two or more regional governments. Both have autonomy between own spheres.
(Australia has Commonwealth and state govt)
Allows for not complete separation of power
Federation
The creation of a nation by uniting previously separate states, each of which retains some powers of self-government but also said some powers to a national government.
Reasons for federation
- economic issues: railways are issues for travel and trade (custom cost creates tension)
- external threats: scared of invasion, inured military
- desire for white Aus: Chinese cultural and economic threat, wanted United aus policy on immigration
- traditionalism: national pride developed
Reasons against federation
- colonies didn’t wanna lose self govt, power
- diff in historical traditions
- physical geographical diff
- rivalries
