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Politics and Law - Unit 1 > Politics > Flashcards

Politics Flashcards

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1
Q

What is Politics?

A

Politics is a system of political decision-making in society. In all societies individuals & groups have conflicting beliefs & goals.

Politics is a contest for the exercise of power.

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2
Q

What is Government?

A

Government is the political and legal system of a nation state.

It is the body that has legal authority to set political policy.

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3
Q

Government in Australia

A

The parties that can maintain a majority in the lower house of parliament.

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4
Q

What makes a government good?

A

1) Democratic
2) Representative
3) Reflects background and needs of its citizens
4) Participatory
5) Accountable

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5
Q

When was Democracy introduced?

A

Ancient Athens regarded as the birthplace of democracy in approximately 509 BC.

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6
Q

What is Democracy?

A

A political and legal system that is based on the principles of individual freedom and equality of the rule of the people.

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7
Q

What is Direct Democracy?

A

A form in which people participate directly in their own government. This form of democracy was developed in Ancient Athens.

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8
Q

Form of direct democracy in Australia

A

REFERENDUMS - a proposal to change the Constitution.

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9
Q

What is Representative Democracy?

A

Where the citizens of a country elect people to represent them, make decisions on their behalf and vote on legislation.

Citizenship is an essential feature of representative democracy, as citizens are granted entitlements that allow them to participate in their government.

Elections give democratic authority to elected representatives so they can make decisions for the benefit of the people.

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10
Q

What is a Liberal Democracy?

A

System of government based on:

  • popular sovereignty (will of the majority)
  • respect and protect rights
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11
Q

4 key operating principles of Liberal Democracy

A

1) Equality of political rights
2) Majority rule
3) Political participation
4) Political freedom

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12
Q

Equality of political rights ensures…

A

All citizens shall be equally entitled to political rights.
Political rights include the right to vote, the right to run for political office, the right to participate in government.

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13
Q

Majority rule…

A

Based on popular sovereignty and expression of the will of the majority in government and law-making.

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14
Q

Political participation means…

A

Any activity that shapes, affects or involves the political sphere.
Political rights and freedoms enable citizens’ political participation which, in turn, allows citizens a role in their own government.
E.g. voting, protesting, sending a letter to your local representative, signing a petition, joining a political party, pressure group, running for parliament, etc.

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15
Q

Political participation means…

A

Any activity that shapes, affects or involves the political sphere.
Political rights and freedoms enable citizens’ political participation which, in turn, allows citizens a role in their own government.
E.g. voting, protesting, sending a letter to your local representative, signing a petition, joining a political party, pressure group, running for parliament, etc.

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16
Q

Political freedoms…

A

Are entitlements enjoyed by all citizens and that enable political participation.
E.g. freedom of conscience, freedom of speech, freedom of association, freedom of assembly, freedom of the media.

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17
Q

What is rule of law?

A

The principle by which everyone os subject to the law.
All people, governments, corporations, and other entities are subject to the law regardless of power, wealth or any other quality.

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18
Q

4 characteristics of rule of law

A

1) Supremacy of the law
2) Law should be known, clear, consistent & coherent
3) Independence of judiciary
4) Freedoms & equality before the law

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19
Q

Supremacy of the law

A

No one is above the law, even those who make the law.
Exists because laws override customs & traditions.
Relationship between customary law & formal law controversial in modern Australia.
Means migrants from countries whose customs conflict with Australian values must modify them when they settle in Australia - female genital mutilation & child marriage - you cannot do in Australia.
Based on Australian values.

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20
Q

Law should be known, clear, consistent & coherent

A

Should know law exists before it is applied.
Once law is passes & assented - it must be published.
Once proclaimed you are expected to comply with all the law & any changes.
Claiming you didn’t know the law - no excuse for not following it,
Law should only be applied after created.
Enforcement of law should start once proclaimed.
Prevents person from being charged retrospectively for an act actually legal ay the time they carried it out.
Limits ability of government to abuse their power.
Should allow people to understand types of behaviours acceptable & unacceptable.
Application of law applies to all people.

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21
Q

Independence of judiciary

A

Courts must be free from pressure & interference from governments - they can adjudicate matters purely on the basis of law.
Must be impartial & enjoy judicial discretion when making judgements & providing reasons for their decisions.

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22
Q

Freedoms & equality before the law

A

Protects citizens’ equality and freedoms.
Enable participation.
Through participation - people can bring pressure on parliament & government,

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23
Q

What is the Separation of Powers?

A

Essential feature of a liberal democracy. It ensures that the powers of government are organised in a way to prevent power being concentrated in the hands of one leader or an elite group.

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24
Q

What are the primary roles of government

A

1) Creating laws
2) Carrying out/administering laws
3) Applying law/resolving disputes

25
Q

What is a Constitutional Monarchy?

A

Type of government where the government has a monarch as head of state, but the monarch’s power is restricted through the country’s constitution.
The constitution is above the monarch and the monarch does not have absolute power.

26
Q

What is Federation?

A

Type of government where a group of smaller political entities (States and Territories) join together (federate) under a larger political entity (Federal government).

27
Q

What is a Responsible Parliamentary Government?

A

Closely tied to the Westminster System and Representative Government and the Separation of Powers.
It means that government is held accountable to the people.
To remain in government, a party or coalition must be voted in by the people maintain the support of the majority of members in the House of Representatives - ensures the government is accountable to the Parliament.

28
Q

The Crown…

A

Due to Australia being a British colony, the Crown is a formal part of Parliament.
Although the Queen is Head of State, she is not elected - her role is limited.

29
Q

What is the House of Representatives

A
  • Known as people’s house.
    Members are elected by Australian citizens in the electorates they live in.
  • 151 electorates
    Members serve maximum 3 years per term.
30
Q

What is the Senate?

A
  • Known as State’s house.
    Primary role is to represent the interests of the States
  • Each state is equally represented (12 per state and 2 per territory).
    Senators serve a 6 year term (commencing July 1st following election).
31
Q

What is Constitutionalism?

A

Government powers should be limited and not absolute.

- Came from Enlightenment.

32
Q

What is a Constitution?

A

The rules which govern the governors.

Set fundamental laws/conventions which create and define institutions of power within a nation.

33
Q

What are the Constitutional rules?

A

1) Royal power must only be exercised on advice of ministers who are responsible to the elected parliament.
2) Monarch gives royal assent to laws passed by the parliament.
3) Parliamentary executive (PM + Cabinet) may exercise the royal prerogative (doing stuff without parliamentary approval - going to war) powers of the monarch.

34
Q

What is coercive federalism?

A

National government is more powerful that regional government.

35
Q

What is cooperative federalism?

A

Where both levels have about the same amount of power.

36
Q

What is confederation?

A

Where the regional governments have more power than the national government.

37
Q

What is Australia’s balance of power?

A

Australia moved between cooperative and coercive
Reasons:
1) High Court decisions about the meaning of Constitution
2) Referendum results
3) Referral of powers

38
Q

What is the division of powers?

A

In a political and legal system that operates as a federation, a written constitution is necessary to allocate powers between the levels.

  • Exclusive powers
  • Concurrent powers
  • Residual powers
39
Q

What are exclusive powers?

A

Powers granted to the Commonwealth Parliament by the constitution and can only be legislated by the Commonwealth.

  • Section 52: Commonwealth Parliament has exclusive power to make laws for the peace, order & good government of the Commonwealth and the Commonwealth public service.
  • Section 90: Commonwealth to collect customs, excise & duties
40
Q

What are concurrent powers?

A

Power granted by the Constitution to the Commonwealth and State Parliaments = shared powers
- Section 51: trade and commerce, taxation, quarantine, marriage.

41
Q

What are residual powers?

A

All government powers not specified/enumerated in the Constitution - exercised by States.
- Education, health, roads & railways, criminal & civil law

42
Q

What is a responsible government?

A

Refers to the executive being directly drawn from and responsible to the Parliament (legislative).
In Australia, citizens elect a parliament of representatives.
- Roles =
1) Legislating (making laws)
2) Debating matters of public importance.
3) Representing their electorates & states.
4) Question and scrutinising the government each sitting day (Question Time & parliamentary committees)

43
Q

What are the elements of a responsible government?

A

1) Individual Ministerial Responsibility

2) Collective Ministerial Responsibility

44
Q

What is individual ministerial responsibility?

A

Parliament uses its own procedures to hold individual ministers accountable:

  • Question Time
  • Debate
  • Committees
45
Q

What is collective ministerial responsibility?

A

Parliament may hold the entire government accountable for its operations.
If a government is incompetent or corrupt the parliament may hold them accountable via a motion of no confidence.

46
Q

What is a parliamentary government?

A

Refers to where government is formed - in Australian government is formed within legislative branch.
Means members of government must be members of parliament.

47
Q

What is the cabinet?

A

Important component of a responsible parliamentary government and emerged as a way of limiting the power of the monarch.
- Is a committee of the executive comprising the PM and his/her senior ministers.
Is a convention - has no legal or constitutional authority.

48
Q

What is the judiciary?

A

Primary role = to make legally binding decisions to resolve disputes about the law.

49
Q

What is common law?

A

Judge made law. It is made in courts by judges when deciding cases which give rise to the need for new decisions or precedents

50
Q

What is constitutional law?

A

Fundamental law.
Established and limits law-making power of federal branches of government.
High Court of Australian interprets and applies the constitution.

51
Q

What does constitutional law do?

A

1) establishes geographical and legal jurisdictions of power.
2) creates three arms of government.
3) specifies the processes of government (e.g. how government is to be formed).
4) protects fundamental rights (right to vote).
5) codifies procedures for constitutional change.

52
Q

Where does the commonwealth constitution draw authority from?

A

1) the people
2) almighty god
3) the crown

53
Q

Where does statute law gets its authority from?

A

1) democratic source

2) constitutional source

54
Q

What is democratic authority?

A

Parliament comprised of elected representatives who make laws.
Parliament expresses the will of the people who have delegated and entrusted their representatives with power for a period of time - stamp of democratic legitimacy.

55
Q

What is constitutional authority>

A

Commonwealth creates a parliaments of 3 key parts

1) bicameral parliament (HOR and Senate) who must both pass a bill in identical fashion before it can proceed.
2) monarch representative (Governor-General) must give assent before a bill can become a law.
3) Division of powers - Commonwealth parliament may only make laws over their heads of power - areas that have been exclusively granted to them or that are concurrent.

56
Q

Why does statute law abrogate common law?

A

1) Parliament primary legislative branch

2) Parliament has democratic authority - it is elected & representative

57
Q

How is statute law created?

A

1) Bill needs to be introduced into parliament
2) Pass through both housed in exactly the same way
3) Be given royal assent

58
Q

What is statute law?

A

Laws made by parliament.

Called Acts of Parliament.

59
Q

What are the functions of Parliament?

A

1) LAW-MAKING: parliament can debate & pass laws or reject bills.
2) DEBATE ROLE: debate underpins all parliamentary work, from representing people, to passing laws & checking the government.
3) REPRESENTATIVE ROLE: people elect MPs to represent their interests. Regular elections keep them accountable.
4) RESPONSIBILITY ROLE: government os formed in parliament & is accountable for its actions & bills.

Politics and Law - Unit 1 (2 decks)

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