Politics and Law Flashcards
Threats to a civil society
Lawlessness, Organised crime, vested interest, corruption
Australia counters threats through safeguarding and the separation of powers.
Organised crime
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
Vested Interest
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.
Corruption
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.
Separation of powers:
Source Analysis Question
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.
Safeguarding:
Extended Response Question
Universal suffrage, shared values, right to dissent, dispute resolution
Universal suffrage
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.
Right to dissent
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
Dispute Resolution
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.
Shared Values
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.
-How Australia upholds the values of a civil society
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.
Defining globalisation
Globalisation is the relationship and interconnectedness between businesses or other organisations for mutual benefit politically, economically, culturally and socially.
Evolution and impact of globalisation
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.
negatives of globalisation
- Mostly benefits the powerful states
- Can exploit other states low wages and restrict freedom of the people
- Threat to cultural diversity i.e. drown out local economies and traditions
positives of globalisation
- Goods and services distributed freely worldwide
- Cost of transportation of products has fallen 65%
- Cheap labour supply from other states to benefit Aus
What are the differences between Australia and China
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
Australia’s role within the international community and especially through the UN
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
Human Rights Monitoring
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.
Environmental Protection
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.
Foreign aid
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.
peacekeeping
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
Kyoto protocol
international agreement
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.
International Covenant on Civil and Political Rights (ICCPR):
(international agreement)
The right to life, freedom of religion, freedom of speech and assembly, the right to vote and the right to a fair trial.
Convention on the Rights of the Child
international agreement
Defines the rights of children around the world to ensure they are treated with respect and not abused.
Declaration on the Rights of Indigenous Peoples
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.
Convention on the Rights of the Child
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.
The challenges of meeting international obligations through domestic law
Extended Response
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
Challenges of meeting international obligations through domestic law: Example
Extended Response
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.
Resolving conflicts between international obligations and domestic politics - the role of the
High Court
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.
Tobacco Plain Packaging case (2012)
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.
What are the similarities between Australia and China
Suffrage: 18 years universal
Political parties:
Australia (greens, labour, one nation, liberal, nationals)
China (8 nominally independent parties)
Both have a judiciary section
International agreements signed by Aus
Convention on the Rights of the Child
International Covenant on Civil and Political Rights (ICCPR)
Kyoto protocol
Give 3 examples of The changes in domestic law due to signing international agreements
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
What is the role of the high court
- 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
What is an example of resolving conflicts between international obligations and domestic politics
- 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)
What are the key principles of countering threats through political and legal structures
Representation and participation
Division of power
Scrutiny and accountability
Explain Representation and participation
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
Explain Scrutiny and accountability
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
Explain Division of power
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
