SM1 WK1 - Essentials to the understanding of democracy and the rule of law Flashcards
What is the speparation of power?
Is the organisation of the powers of government in such a way that prevents the concentration of power in the hands of one leader or an elite group
Based on the idea of dispersed power; no one of the system should have total power
What is the Sovereignty of Parliament?
Parliamentary sovereignty is the idea that the parliament is the most powerful part of a representative democracy
In a political and legal system where both common and statute laws are created, if they come into conflict the statute law will prevail. The only exception to this is High Court judgments in the constitution
What is the divisions of power?
In a federation, the powers of each level of government are divided. Some are exclusive to the federal level, some are shared by the federal and state levels of government, while the states also retain powers they enjoyed prior to the federation
What is a representative government?
A form of government in which the people are sovereign, but are represented in government by elected members of an assembly acting as their representatives. Such representatives may be delegates, trustees or partisans
What is the Westminster conventions of responsible parliamentary government?
Unwritten constitutional rules that govern the practice of government in systems derived from the British Westminster system. One convention is that the government is formed by the party which has the confidence [the majority] of the lower house of the parliament. Another is that the Governor-General always acts on the advice of the Federal Executive Council
What is federalism?
A system of government in which sovereignty is geographically divided between one central and two or more regional governments, each sovereign within their own sphere.
There are different types of federalism which indicate the power distribution between the levels of government.
What is judicial independence?
The judiciary must be completely free from interference and influence from the parliament, the government or any other institution or person [vital component of the rule of law]
