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Politics and Law Flashcards > Politics and Law WACE Questions > Flashcards

Politics and Law WACE Questions Flashcards

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1
Q

What is a constitutional monarchy?

A
  • System of gov where HOS is monarch, powers limited by CW Constitution 1901 + unwritten constitutional rules
  • HOS: King Charles III
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2
Q

How is the executive appointed in another political system?

A
  • Executive - Presid, Vice Presid, Cabinet secretaries
  • Elected presidential elections held every 4 years
  • “Electors” EC, determined gen election, choose President
  • Electors distributed according state population (Cali 55 votes) + FPP majority
  • Win Presidency more receive 270 college votes
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3
Q

Discuss two differences between the powers of the Australian Prime Minister and the head of government in a non-Westminster system

A
  • US - Presidential Veto (President Obama vetoed Restoring Americans’ Healthcare Freedom Reconciliation Act 2015)
  • AUS - no need veto, invariably introduced party
  • US - commander in chief US
  • AUS - commander chief armed forces GG (S72)
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4
Q

What is the role of the Speaker?

A
  • Interpret + apply Standing Orders (S50 - right Parliament create own Standing Orders)
  • Speaker - Milton Dick
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5
Q

Discuss the effectiveness of Opposition in blocking government legislation?

A
  • Define Opposition
  • FOR: No majority (77, 58, 16) - vote party lines, assured majority pass legislative agenda
  • AG: Senate no party majority, block gov leg (Ensuring Integrity Bill)
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6
Q

What is the ministry?

A
  • Collective of ministers, assistant ministers + PM
  • Inner (Sen) + outer (assistant/junior)
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7
Q

Outline three roles/powers of Cabinet ministers

A
  • Answer questions Question Time relating Portfolio
  • Ensure portfolio implementing gov policy
  • Adhering conventions cabinet solidarity
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8
Q

Discuss one strength and one weakness of CMR in upholding representative function Commonwealth Parliament

A
  • CMR - executive is responsible + maintain confidence LH
  • PRO: most citizens vote for party + its values, cab solidarity united + unlikely neglect values
  • EXAMPLE: first 2018 leadership spill, 5 voted against MT resigned to allow gov remain united
  • CON: prevents views electorate aired
  • EXAMPLE: Gary Punch/Stuart West
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9
Q

Outline powers that Governor-General has in S64 Constitution

A
  • Ministers must be members
  • Appoint ministers CW Parliament
  • Seen justified remove Whitlam - assumed power to remove
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10
Q

Explain one reason for Sir John Kerr’s intervention in the ‘1975 Crisis’

A
  • Ensure supply as money bills blocked Liberal-led hostile Senate
  • Lost confidence of Parliament + run money guarantee salaries public servants/service provisions
  • Kerr justified reserve power due political crisis
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11
Q

Discuss two issues associated ‘1975 Crisis’

A
  • Define: Kerr using reserve powers dismiss Whitlam - first time Fed sitting PM dismissed GG
  • Whitlam, elected figure confidence House, dismissed unelected figure. Undemocratic, GG unaccountable figure.
  • Two vacancies filled indep, broke WM conv Senate vacancy filled member given party, 1977 Referend
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12
Q

Outline what is meant by a ‘federal system of government’

A
  • LM powers divided one central branch gov + 2 or more regional branches
  • CW
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13
Q

Discuss two reasons for the increased strength of States in AUS Federation in recent years

A

S51 (ix) temporarily passed States
- > legislative power beyond intended CW
- S51 (ix) concurrent “exclusive nature”- CW only health power
- S51 (ix) handballed states - lack confidence CW administer quarantine + gave power states manage public health emergency
High Court cases
- Allowed WA restrict trade/commerce “national health emergency” (Closing the Borders Direction)
- HC found S92 freedom trade/commerce justified health/life WA citizens

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14
Q

Evaluate the extent to which financial powers of the Commonwealth Parliament allow it to dominate states

A

FOR:
- Power raise Y tax under S51 (ii) concurrent power exclusive through Uniform Tax Cases (1942/57), deprive revenue
- 57% income tax - collect + creating VFI (imbalance taxing/spending obligations b/w two levels gov within fed)
- Reliant CW transfer funds SPP S96 - tied grants CW use coercive financial powers attached conditions
- 2017 - attach conditions distribute 2.1 billion Perth Freight Link + threaten reallocate conditions not met
AGAINST:
- GPP - spend out own discretion, without coercion (GST)

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15
Q

Discuss two reasons why constitutional change through referendums is difficult

A
  • Referendums: S128 formal method change wording Constitution
    Difficult to reach high standard pass referendums
  • Double majority - federal majority (majority in all states 4/6) + democratic majority (majority of all voters)
  • 8/44 successful, “labour of Hercules
  • 1937 - aviation CW power leg aircraft/air navigation, 53.36% Mindset:
  • Reluctant voting perceived power grabs CW
  • 1999 Republic referendum - 55% no (well-governed)
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16
Q

Explain the difference between VFI + HFI

A
  • Define VFI
  • HFI - CW Parliament uses financial services equalise public delivery ea. state
  • Difference - VFI coercive federalism, HFI encourages cooperative fed equalise financial powers VFI
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17
Q

What is the role of the High Court?

A
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18
Q

Outline three jurisdictions High Court

A
  • Original (S75) - court first instance matters conflict b/w states
  • Appellate (S73) - financial court of appeals, hear cases arising AUS lower state, territory, fed court hierarchy
  • Additional original jurisdiction (S76) - CW Parliament exclusive power make laws conferring original jurisdiction HC (Constitution)
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19
Q

With reference to one reform proposal, discuss one reason why it might succeed/fail

A
  • Proposal - recognise Indigenous Australians body Constitution, replace S25 spent section (allows states ban voting based race) w S51A (preserve ability gov make laws benefit Aboriginal people)
  • FOR: “right think to do” - 1967 allow Constitution reflect national identity + work reconcilation
  • Professor Beherendt - “alter way Australians see history”, AUS national values
  • AG: perceived as too radical, anyone Aboriginal heritage incentive claim actions constitutional protected/favoured non-indigenous people (sus)
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20
Q

Opposition impact on legislative process

A
  • Opposition limited impact
  • 90% Bills introduced Gov + assured majority block Private Minister members
  • 2015 - Bill Shorten/Tanya Pilibersk’s Marriage Amendment Bill blocked Tony Abbot Liberal-National Coalition majority
  • Gov in minority - work with crossbench pass/block disrupts Gov agenda
  • 2018: 76 seats, Medevac Bill Zali Steggall - first 109 bill passed without support GOV in LH
  • Senate - no gov majority, ‘bloc’ w crossbench make impact
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21
Q

Outline purpose of Chapter 1 Constitution

A
  • Establish jud/leg/exec branches SW
  • SOP
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22
Q

Compare the Australian executive with that of non-Westminster system

A
  • AUS - C2, S61 vests exec pwr in Queen, exercisable GG
  • US - Art 2, S1 vests exec pwr in Presid + VP
  • Diff - flexib pwrs than spec, declare war/app fed judges Cab app (more ratified exec pwr)
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23
Q

Outline role of the Governor-General performed under Section 57

A
  • Dissolve both houses in event house deadlocked bc Senate refuses pass them in current form HOR
  • ABCC Bill 2016
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24
Q

What is meant by accountability?

A
  • Resp for conduct, decisions + (in) actions
  • Parliament - resp perf functions, held account
25
Q

Distinguish between the AAT + Aud-Gen

A
  • AAT - non-jud body that reviews/amends decisions made by mins/PS
  • AG - indep officer Parliament app GG
  • Diff - AAT assess merit decisions but can’t declare unlawful (Robo-Debt), AG conduct performance/financial audits + assurance reviews pub serv
26
Q

What is Charter of Rights?

A
  • Leg doc codifies particular rights, enshrines law + spec how protected
  • Statutory/constitutional
27
Q

Outline the status of three international covenants, protocols or treaties in Australia

A
  • Many UN conv ratified in state/CW level
  • AHRC Act AHRC - mediates rights/issues
  • INT Conv on Elim of All Forms RD - leg RDA
  • Conv Rights Indig People - not leg, agree abide them
28
Q

Outline what is meant by SOP

A
  • Doctrine which function Parliament make, carry, enforce laws dispersed to prevent con power in hands one arm
29
Q

Define jurisdiction

A
  • Power court interpret law
  • Original, appeal additional jurisdiction
30
Q

With reference to one contemporary issue relating to ‘political power’ in the AUS political/legal systems, discuss the sources and limits to this power

A
31
Q

Explain relationship between cabinet solidarity + cabinet secrecy

A
  • Cab secrecy - deliberation/discussions Cab held pub view
  • Cab solidarity - present united front agreeing in pub w all Cab decisions
  • Relationship - order present united front CS, CS adhered to test ideas in private forum
32
Q

Discuss the extent to which the Commonwealth Parliament achieves its representative function

A
  • Define Parliament
  • Theory - delegate (mouthpiece electorate) + trustee (best interests electorate)
  • Greater extent Senate - 6 year terms dissuaded uphold rigid ideals party
  • Example: DS introduce MAA 2017
  • LH - partisan representation
  • Example: Gillard Resources Rent Tax 2013
33
Q

Outline process of appointing the Monarch’s representative in the Commonwealth of Australia

A
  • S2
  • 1931 Statute Westminster
34
Q

Discuss two ways the Governor-General is held accountable

A
  • Define GG
  • One way formal mechanisms removal - monarchy remove incompetent/dishonourable individual by convention
  • Limited - hasn’t used + difficult ascertain
  • Second way - court of public opinion through uspport
  • Diocesan Board of Inquiry, 76% Herald A-G public poll, May 2003
35
Q

Evaluate the extent to which mandates have allowed political parties/independents influence legislative process

A
  • Mandates - claim authority exercise political/legal power within state or nation
  • FOR: majoritarian mandate (claim chosen or endorsed people, derives authority from gaining maj seats HOR - will maj) gained Coalition convince crossbench repeal pivotal legislation
  • 2013 - Carbon/Mining Tax in 2013, persuade representative will people + election promise
  • Diff for Opp block legislation clear support + political damaging
  • AG: theoretical/legally binding - disregard
  • Example: 2013, 2014 BB $80 billion cuts in cuts education + increased taxes ($7 medicare co-payments) claimed aligned with conserv fiscal ideals
36
Q

Outline what is meant by ROL

A
  • All people equally bound + no one above law
  • Equality before law, judicial indep, respect rights, no retrospective, clear/coherent
37
Q

Discuss one strength and one weakness of the appeal process as a mechanism for judicial accountability in the AUS political/legal system

A
  • Appeals - request court decision higher court dissatisfied party
  • Strength - increased scrutiny decisions, miscarriage justice
  • Example Andrew Mallard (2008) - conviction murder overturned evidence excluded/suppressed, SC accountable decision wake new evidence
  • Weakness - 13% request every year - pursue S35A Judicial Act Special Leave to Appeal, limits scope
38
Q

Analyse the effectiveness of parliamentary scrutiny/legislation compared censure/removal judges as method judicial accountability

A
  • Judicial accountability - scrutiny judiciary by exec/leg arms
  • PS - most effective judicial decision abrogate common law do not reflect parl agenda
  • Example: Wiks People v State of QLD )2006), Native Title Amendment Act (2008)
  • CRJ - theory, S72 federal judge removed ___
  • In practice - never removed S72 (vague)
39
Q

Outline the significance of S90 of the Commonwealth Constitution

A
  • S90 - prohibits States imposing c/d/e
  • Gives CW financial advantage as constitutionally protected financial income
  • 1997 ‘Ha case’ - interpreted way limits states ability levy license fee
40
Q

Outline what is meant by the term ‘shadow minister’

A
  • Members Opposition, chosen Leader Opp
  • Scrutinize work gov/indiv min + concentrates work particular min/gov department
41
Q

Distinguish between gag and guillotine as tactics used by government in legislative process

A
  • Gag - motion HOR by Government to limit any further debate + bill put vote
  • Guillotine - motion Parliament time limit bill, once exhausted, debate ceases
  • Differ - guillotine works pre-eminating debate through limit limit, gag occur any time debate commenced bring end
42
Q

Explain the meaning of the ‘balance of power’ in the Australian political system

A
  • Position political party/individual use their position vote influence fate bill
  • Senate crossbench
43
Q

Discuss one argument for and one argument against minor parties/or independents in Senate claiming an competing mandate

A
  • FOR: elected to keep government accountable in relation specific issue
  • Example: 2019 Ensuring Integrity Bill
  • AG: disrupts ability elected governments implement policies endorsed election
  • Example: Carbon Tax
44
Q

Explain the FEC, as enumerated in the Constitution, and discuss two ways its role helps to ensure responsible government in Australia

A
  • FEC - formal exec defined Constitution
  • Created S62 - GG + ministers, role GG
  • Resp gov - exec gov accountable to elected body + to people
  • Ensures not unaccountable body, advise elected S64
  • Chain accountability
45
Q

Define the ‘balance of power’ mandate

A
  • Claim parties or independents with BOP in either HOP
  • Justification amending, passing, repealing bills
46
Q

Explain all types of federalism

A
  • Cooperative: fed system where even BOP b/w nat + reg gov
  • Coercive: cen gov powerful + reg gov lack autonomy w/in sphere sovereignty
47
Q

Discuss two ways in which charters of rights enhance status of international human rights covenants, protocols and treaties in Australia

A
  • Define Charter of Human Rights - 20 HR listed IC on Civil and Political Rights
  • One way - HR Commission provide avenue for human rights complaints, use alternative dispute resolution (example)
  • Require VIC/QLD/ACT parliaments issue “statements of compatibility” with 20 INT HR with piece legislation passed
48
Q

Outline two legislative powers of the Commonwealth

A
  • S51 (ii) - naval + def exclusive raise/maintain any kind of military/naval force
  • S51 (ii) - raise Y tax
49
Q

Discuss how the Commonwealth Constitution ensure independence of judiciary

A
  • Jud Indep - sep jud arms gov from leg/jud arms
  • One way - S72 outlines wages diminished/reduced, can’t threaten reduction in their pay
  • Second way - judges appoint GG, only removed A-G on address two houses Parliament proved incapacity/misbehaviour
  • High bar for removal + make diff remove judges for political reasons
50
Q

Outline two differences between COAG and National Cabinet

A
  • COAG 2 x, Nat Cab once per month
  • COAG discussions/decisions available public, Nat Cab exempt Freedom of Information laws
51
Q

Outline three ways that state powers are, or have been, protected in the Commonwealth Constitution

A
  • S7 - equal no. Senators ea. state, ensuring emall states not outnumbered large states
  • S99 - CW not give any pref to any states by any law, reg of trade, commerce, or rev
  • S96 - CW fin ass states
52
Q

Discuss the extent to which VFI reduced in recent years

A
  • Define VFI
  • GST - all rev returned states, without conditions attached, reduced reliance
  • No major change - still reliant S96 tied grants
53
Q

Explain role of open courts in accountability of courts

A
  • Idea courtrooms open public/media, court proced/decisions transparent + know public
  • Must be seen doing justice
54
Q

Explain the relationship between parliamentary sovereignty and judicial accountability

A
  • PS - doctrine law made Parliament superior judge-made law - Parliament democratically elected people + judges app exec
  • JA - idea courts/judges resp for their actions/decisions - if app conduct/decisions occur. judges app consequences
  • PS key com JD - judges not elected, abrogated Parliament, future cases follow Parliament’s statute
55
Q

Using examples, discuss proposition that judicial independence undermines judicial accountability

A
  • Not subject same mechanisms- judges large amount legal power + diff hodl accountable
  • HC - diff dismiss HC judge (Lionel Murphy)
  • Intrinsic mechanisms
56
Q

Explain the purpose of ‘natural justice’

A
  • Principle justice incorporating rules against bias + fight fair hearing, fair processes determining truth in disp
  • Purpose allow all parties in disp heard + ensure JD based law/evidence, rather indiv prejudices
57
Q

Distinguish between ‘political representation’ and ‘popular representation’

A
  • PR- idea will people rep leg/exec country
  • PP - ab citizens active in political decisions affect their lives
  • KD - vote, more
58
Q

Outline what is meant by a ‘republic’

A
  • Form gov people sovereign + HOS President
59
Q

Explain three reasons why S51 of the Constitution has been significant over time

A
  • Concurrent power + S109
  • S51 ii levy income tax, financial power over states
  • Change BOP broad interp - ‘corporations’ under S51 (xx) Work Choices (2006)

Politics and Law Flashcards (2 decks)

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