Principles and Practices of Australia's Westminster Parliamentary System of Government Flashcards
what are the three characteristics of a liberal democracy
legitimate authority, separation of powers, constitutionalism (rule of law), human rights, procedural fairness, and pluralism
what is legitimate Authority
a right to issue commands and, possibly, to enforce these commands using coercive power.
how does someone receive legitimate authority
have been given that power by the people over whom they are exercising power in a popular vote that is free, frequent and fair.
what are some potentially bad effects of governments that run by people who have been voted for by the majority
minorities not heard, misinformed voting and politicians acting in order to gain votes
explain the concept of short-termism
Australian government runs on a 3-year electoral cycle, therefore government promises short term gains rather than long term goals such as climate action
what is populism
a government making decisions based on what voters would like in the short term for example parties giving money to marginal seats to win votes.
explain the process of an absolute majority
to get voted into parliament you must get at least half of the votes, if not the person with the lowest number of votes gives votes the voters second preference
role of the executive
enact and uphold the laws established by legislators, the elected government, PM, and MPs
role of legislators
responsible for debating and voting on new laws to be introduced under the power of section 51 of the constitution. made up of the elected representatives of the people
role of judiciary
interprets and enforces the law, the court system
constitutionalism or rule of law is the notion that
all people are equal before the law, nobody or the governing body is above the law and the law should not be arbitrary
explain what the law should not be arbitrary means
laws should not be made on the whim, they should not be easy to make or unmake. the establishment of law should follow established processes.
name the characteristics that underpin the rule of law
fairness, predictability, consistency, impartiality, and rationality
for rule of law to be successful
the executive, legislative and judiciary is limited and prescribed to a constitution, which entrenches a separation of powers
parliaments role in human rights
the state is responsible for the adherence to and protection of rights
what are express rights
certain rights that are protected, laws that infringe those rights have a court declare the law as invalid
define entrenched rights
constitutional rights that cannot be changed by the parliament without a referendum
define unentrenched rights
can be changed by the proceedings of the parliament
state an example of constitutional implied rights
bob brown case, section 7 and 24
what are statutory rights
in Australia, there are rights that are expressly (written) protected in acts of parliament
what are the three ways that rights can be enforced in Australia?
interpretive, watchdog/ monitoring approach and scrutiny of bills approach
explain the interpretive approach of enforcing rights in Australia
when a court interprets laws and actions ensures that rights that are already in the law are not infringed.
explain the watchdog/ monitoring approach of enforcing rights
human rights body looks at whether laws are currently adequately protected and make recommendations to parliament to change laws to better protect rights.
explain the scrutiny of bills approach of enforcing rights
In Federal Parliament, every piece of legislation has to be scrutinized by a “Joint Committee on Human Rights”. This body then prepares a report about the compatibility of the law with human rights to put to Parliament when it is considering the legislation
outline the principle of procedural fairness
individuals are treated equally and fairly in the making of administrative decisions
in relation to criminal justice, procedural fairness includes;
presumption of innocence, right to remain silent, right to trial by jury and proof established beyond reasonable dought
difference between fair and just
fairness is about the procedure and justice is about getting the correct result.
