syllabus 3 Flashcards

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1
Q

I can describe the role and powers of the Commonwealth Parliament - our federal legislature

A

make or create law
directly elected by citizens and expresses majority rule
made up of the Queen, represented by the Governor-General, and two Houses

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2
Q

I can name each house of parliament

A

house of representatives

senate

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3
Q

I can explain how legislative arm operates as a check on the other two.

A
Executive:
- parliamentary processes to hold government accountable. 
Judiciary:
- can remove judges 
- override common law with statute law.

judiciary:
- makes law and can dismiss judges
executive:
- makes laws
- approves government spending
- makes and breaks laws

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4
Q

I can distinguish between the constitutional and political executive

A

constitutional:
- Governor General

political:
- pm and cabinet

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5
Q

I can describe the role and powers of the Prime Minister and Cabinet - our federal executive government

A

administer or executive law made by the legislature

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6
Q

I can distinguish between a ‘member’ and a ‘minister’

A

member of cabinet
ministers have responsibility for a particular area of government activity such as health, education or defence which are referred to as a ‘portfolio’

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7
Q

I can describe the ‘formal’ roles of the Governor General, the so called ‘constitutional executive’

A
  • Presiding over the Federal Executive Council
  • Facilitating the work of the Commonwealth Parliament and Government
  • Dissolving Parliament and issuing writs for a Federal election
  • Commissioning the Prime Minister; appointing Ministers and Assistant Ministers; and swearing-in other statutory positions
  • Holding and possibly exercising the Reserve Powers.
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8
Q

I can define the ‘Federal Executive Council’

A

Federal Executive Council is a body established by Section 62 of the Australian Constitution to advise the Governor-General, and comprises, at least notionally, all current and former Commonwealth Ministers and Assistant Ministers.

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9
Q

I can explain how executive arm operates as a check on the other two

A
Legislative:
- Governor General can dissolve Parliament 
- refuse assent to legislation.
Judiciary:
- chooses the judges. 

legislature:
- proposes law
judiciary:
- appoints judges

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10
Q

I can describe the role and powers of the courts

A

.

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11
Q

I can draw the state and federal hierarchies and name the main courts at each level

A

High Court

  • original jurisdiction
  • appelate jurisdiction
Federal
Family 
sumpreme court of wa
- general
     - criminal
     - civil
- appeal

district court

  • childrens court
  • criminal
  • civil

magistrates court

  • childrens court
  • criminial
  • civil
    • drug court
    • family violence court

warden’s court
coroner’s court

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12
Q

I can explain how judiciary arm operates as a check on the other two.

A

executive:
- can deem decisions of the executive unlawful.
legislative:
- can deem acts of parliament unconstitutional.

executive:
- judges lawfullness of policies
legislative:
- interprets law

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13
Q

I can explain the concept of the Separation of Powers and why it is essential to democratic government.

A

organisation of the powers of govenrment in such a way that prevents the concentration of power in the hands of one leader on an elite group
creates checks and balancrs

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14
Q

I can explain in detail how the SOP operates in Australia, including that there is an incomplete SOP

A

legislative branch:

  • Makes and amends the law
  • Outlined in Chapter 1 of the Constitution
  • made up of senate, HOR and GG

Executive:

  • Puts the law into action
  • Outlined in Chapter 2 of the Constitution
  • made up of cabinet and GG

judiciary:

  • Makes judgements and interprets the law
  • Outlined in Chapter 3 of the Constitution
  • made up of high court and other federal courts

the Prime Minister and ministers are part of the Executive and the Legislative. High Court judges, the Prime Minister and ministers are officially appointed by the Governor-General, who is part of the Parliament and the Executive.

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15
Q

I can explain that Australia has an incomplete SOP and the analyse the impact of this on our system of government and democracy (i.e. strengths/weaknesses, pros/cons of incomplete separation of powers)

A

the Prime Minister and ministers are part of the Executive and the Legislative. High Court judges, the Prime Minister and ministers are officially appointed by the Governor-General, who is part of the Parliament and the Executive.

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16
Q

I can distinguish between the roles of the House of Representatives and the Senate

A

HOR:

  • lower house of parliament
  • section 24 of the constitution states HOR must be “directly chosen by the people”
  • people’s house (representative role) and house of government (responsibility role)

Senate:

  • upper house of parliament
  • section 7 of Constitution states upper house must be ‘directly chosen by the people’
  • ‘states house’ (federal and representative role) and ‘house of review’ (responsibility role)
17
Q

I can name the one power the House has that Senate does not

A
  • form government

- represent the interests of people in their electorates

18
Q

I can describe how government is formed in the House of Representatives

A

electorates vote for their politician

HOR made up of winner of each electorate

19
Q

I can describe how the parliament keeps the government accountable

A

by providing checks and balances

20
Q

I can describe the role of the courts in checking the power of the parliament and the government

A

.