Politics and Law

Question 1

Threats to a civil society

Answer 1

Lawlessness, Organised crime, vested interest, corruption

Australia counters threats through ​safeguarding​ and the ​separation of powers​.

Question 2

Organised crime

Answer 2

​Organised crime is a global problem that threatens the national security and safety of citizens. Organised crime refers to criminal groups and networks that undertake very carefully planned criminal activities. E.g. Drug trafficking

Question 3

Vested Interest

Answer 3

A personal reason for involvement in an undertaking or situation, especially an expectation of financial or other gain.​ ​Wealthy individuals could influence democracy through their money for their personal interests. Leads to a disproportionate amount of influence.

Question 4

Corruption

Answer 4

The immoral abuse of power for personal gain. Bribery and fraud is found in various organisations including political parties, trade unions and private businesses. All states and federal government have anti-corruption agencies that work with the police to combat corruption throughout Australia.

Question 5

Separation of powers:​ ​

Source Analysis Question

Answer 5

No single group or body within our parliamentary system – that is, the government, the parliament or the courts – has power over both the political and legal systems.

The three main powers at federal level consist of:
• ​Executive power​ ​– the power to administer or
implement the law; held by the governor-general (as the Queen’s representative), and the Prime Minister and senior ministers
• ​Legislative power​ – the power to make the law; held by parliament
• ​Judicial power​ – the power to apply and interpret the law; held by the courts and allows them to enforce the law and settle disputes.

Question 6

Safeguarding:​ ​

Extended Response Question

Answer 6

Universal suffrage, shared values, right to dissent, dispute resolution

Question 7

Universal suffrage

Answer 7

The right in Australia to vote in political elections. Compulsory voting aims to make sure that our governments have the support of the majority of the people.

Question 8

Right to dissent

Answer 8

The right to oppose or disagree with the views held by the government. It offers as a safeguard against threats as freedom of speech is limited to an extent to protect people from suffering harm

Question 9

Dispute Resolution

Answer 9

Formal legal procedures that lead to a final decision or more informal discussions between parties that lead to settling a dispute or issue. In order to keep the peace in Australian society, processes exist to help groups or individuals resolve their problems or disputes.

Question 10

Shared Values

Answer 10

Laws that protect our shared values so that all citizens are treated with dignity, equality and mutual respect.This is so that Australians can live together in a cohesive society, where citizens cooperate and live together in a peaceful, inclusive and tolerant manner.

Question 11

-How Australia upholds the values of a civil society

Answer 11

Holds the same values and ethos especially relating to law and order.

Makes social, political and economic decisions in the best interest for the whole community.

Giving freedom and human rights/equality.

Question 12

Defining globalisation

Answer 12

Globalisation is the relationship and interconnectedness between businesses or other organisations for mutual benefit politically, economically, culturally and socially.

Question 13

Evolution and impact of globalisation

Answer 13

Globalisation is the spread of products, technology, information, and jobs across national borders and cultures. It has changed over time, allowing Australia to become a global citizen and play a role to help less fortunate countries.

Question 14

negatives of globalisation

Answer 14

1. Mostly benefits the powerful states
2. Can exploit other states low wages and restrict freedom of the people
3. Threat to cultural diversity i.e. drown out local economies and traditions

Question 15

positives of globalisation

Answer 15

1. Goods and services distributed freely worldwide
2. Cost of transportation of products has fallen 65%
3. Cheap labour supply from other states to benefit Aus

Question 16

What are the differences between Australia and China

Answer 16

Gov type:
Aus – fed parliamentary democracy
China – communist party led state

Legal system:
Aus – common law based on English model China – civil law influenced by soviet European

Constitution:
Aus – 3 arms of gov. Gov general
China – Rejects separation of powers. Head of state

Question 17

Australia’s role within the international community and especially through the UN

Answer 17

Australia fulfils its responsibilities as a global citizen by collaborating in the following areas:

o Human rights: Declaration of human rights
o Health: Increase in vaccine rates
o Human rights issues: Helps people displaced through global conflict
o Migration: Safe movement of refugees
o Environment: Global work to stop climate change

Question 18

Human Rights Monitoring

Answer 18

It consists of investigating allegations of human rights violations.

Australia is party to seven international human rights agreements. For example, the ICCPR which includes the freedom of speech and right to vote, the ICESCR which includes the right to equal pay and the right to adequate healthcare and education.

Question 19

Environmental Protection

Answer 19

Australian teams (often scientist) are tasked with studying, monitoring certain environmental change.

In 2008, Australia became a full member of the Kyoto protocol, an international agreement in which internationally binding emissions-reduction targets were set.

Question 20

Foreign aid

Answer 20

is assistance in the form of money, skills or other resources transferred from one country to another, mainly for humanitarian reasons. Australia gave this type of emergency aid after Typhoon Haiyan devastated the Philippines in 2013.

Question 21

​peacekeeping​

Answer 21

Australia has contributed to the UN’s ​peacekeeping​ (It’s the use of Australian soldiers to prevent ongoing violence in countries experiencing civil war.) missions with 3500 Australians serving in peace and security operations in various parts of the world today

Question 22

Kyoto protocol

international agreement

Answer 22

An international agreement in which internationally binding emissions-reduction targets were set. Australia must cut its emissions by 5 per cent below 2000 levels by 2020.

Question 23

International Covenant on Civil and Political Rights (ICCPR):

(international agreement)

Answer 23

The right to life, freedom of religion, freedom of speech and assembly, the right to vote and the right to a fair trial.

Question 24

Convention on the Rights of the Child

international agreement

Answer 24

Defines the rights of children around the world to ensure they are treated with respect and not abused.

Question 25

​Declaration on the Rights of Indigenous Peoples

Answer 25

led to
the establishment in the Australian law that reflects the principles of the treaty is the Aboriginal Heritage Act 1972​ (Western Australia only). It Sets standards for the wellbeing of Indigenous populations around the world, including eliminating human rights violations against Indigenous peoples.

Question 26

Convention on the Rights of the Child​

Answer 26

led to the establishment of Australian law that reflects the principles of the treaty is​ Children and Community Services Act 2004​ (Western Australia only). Defines the rights of children around the world to ensure they are treated with respect and not abused.

Question 27

The challenges of meeting international obligations through domestic law
Extended Response

Answer 27

international legal obligations can shape domestic policy in Australia.

Policy-making involves the government taking action in a certain area to achieve the desired outcome.

Failure to live up to our international obligations can result in international pressure to change policy

Question 28

Challenges of meeting international obligations through domestic law: Example

Extended Response

Answer 28

Asylum Seekers

• Under the Migration Act 1958, anyone who arrives in Australia without a valid visa must be held in detention. But the United Nations Human Rights Committee found Australia to be in breach of its international obligations under Article 9.1 of the ICCPR. The concerns include detention is unlimited, children have limited access to education, they live in tents, with little privacy, under harsh conditions.

Question 29

Resolving conflicts between international obligations and domestic politics - the role of the
High Court

Answer 29

The High Court has resolved issues involving international human rights treaties and conventions that Australia has agreed to uphold. It has declared any contravening laws, or laws that breach the Constitution, invalid. In this way, the High Court can help protect the basic human rights of Australian citizens.

Question 30

Tobacco Plain Packaging case (2012)

Answer 30

In 2012, The High Court was called to determine whether the parliament had the constitutional power to pass the tobacco plain packaging act.

The High Court, however, ruled in favour of the government and declared the Commonwealth parliament’s law constitutionally valid.

t ruled that the government was not acquiring the use of the tobacco company’s intellectual property but were simply restricting the way in which the tobacco companies could use their logos and trademarks. This shows that the High Court was able to see how the constitution was positively put into effect.

Question 31

What are the similarities between Australia and China

Answer 31

Suffrage: 18 years universal

Political parties:
Australia (greens, labour, one nation, liberal, nationals)
China (8 nominally independent parties)

Both have a judiciary section

Question 32

International agreements signed by Aus

Answer 32

Convention on the Rights of the Child

International Covenant on Civil and Political Rights (ICCPR)

Kyoto protocol

Question 33

Give 3 examples of The changes in domestic law due to signing international agreements

Answer 33

Convention on the Rights of the Child =
Children and Community Services Act 2004
(Western Australia only)

Declaration on the Rights of Indigenous Peoples =
Aboriginal Heritage Act 1972
(Western Australia only)

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) =
Commonwealth Racial Discrimination Act 1975

Question 34

What is the role of the high court

Answer 34

• This is Australia’s highest court
• It has the responsibility for interpreting the constitution and settles disputes
• In addition, they can be called upon to:
  1. Hear appeals from supreme, federal and family courts
  2. Hear disputes between state and federal government
  3. Decide on case of great significance

Question 35

What is an example of resolving conflicts between international obligations and domestic politics

Answer 35

• The Commonwealth of Australia VS Tasmania (1983)
  o Tas gov established the Hydro Electric Commission (HEC)
  o The intent: build a dam on the Franklin river to make electricity
  o The area was considered to be of Aboriginal Cultural Significance
  o 1983 the federal government had passed a new law called ‘The world heritage properties conservation act’.
  o This meant the dam could not be built by HEC
  o Australia had also signed the UN treaty, called the ‘convention of the protection of the world cultural and national heritage’.
  o Tasmanian government continued the building process
  o Commonwealth government took Tas government to high court to solve dispute
  o The high court ruled in favour of the Comm. Government, Because AU external affairs powers overruled Tasmanian gov’s power in conjunction with WHPCA (1983)

Question 36

What are the key principles of countering threats through political and legal structures

Answer 36

Representation and participation
Division of power
Scrutiny and accountability

Question 37

Explain Representation and participation

Answer 37

REPRESENTATION
System of gov: liberal democracy
Protect rights and freedoms of individual
Make laws to regulate behaviour of people
Respect views and values

PARTICIPATION
Regular elections (free and fair)
Fail to make law that represents majority = not re-elected
Compulsory voting
Fed elections every 3 years
State elections every 5 years

Question 38

Explain Scrutiny and accountability

Answer 38

Gov must be accountable/answerable to the people (responsible gov)
Must justify actions/decisions to voters
Held to account –> parliamentary question time (policies and actions)
Public question by email/visit the local office
Acting irresponsible or accusations of proven dishonesty = resign

Question 39

Explain Division of power

Answer 39

Must not abuse or make laws beyond their power
No single body has control over political and legal
Executive: Administer/implement law
Legislative: Make the law
Judiciary: Apply/interpret the law
If person believed abused power can challenge the court