syllabus 5 Flashcards
Constitutionalism
- doctrine that a government’s authority is determined by a body of laws or constitution
- Australian constitution defines and protects express rights in relation to freedom of religion, discrimination between the States, the right of Australian citizens to a trial by jury, free trade amongst the states and the acquisition of property
Rule of Law
- the principle that all people and governments have equal rights before the law
- 5 key principles of Rule of Law
- Fairness: it is fair that in our legal system the law applies to everyone, government and citizen
- Rationality: laws need to be rational. it is against the Rule of Law to create a law that cannot be followed
- Predictability: being predictable means that the laws that an individual must abide by are known along with what the likely outcome is if these rules are broken
- Consistency: Not only does the law apply to everyone, it applies to everyone in the same way, thus cases with similar facts are likely to have similar outcomes.
- Impartiality: In our system of government we have an impartial judiciary that is separated from the other arms of government. This means that judges can make decisions based on the merits of the case without facing pressure or negative repercussions from the government.
- The rule of law allows us to function in our day to day lives without fear of persecution or unjust treatment under the law
- a world without the rule of law opens the door to anarchy, a state of lawlessness; and tyranny, a ruler or government vested in absolute power
Separation of Powers
- the division of the institutions of the Australian government into legislative, executive and judicial roles
- Legislature: makes laws (Queen[G-G], Senate, HoR)
- Executive: puts laws into action (Queen{G-G], Prime Minister, ministers)
- Judiciary: makes judgements about the law (High Court, other federal courts)
- not complete separation of powers: some overlap (PM & ministers are part of Executive and Legislative, High Court judges, PM & ministers are appointed by G-G who is a part of the Executive and Legislative)
Majority rule
- Voting: majority of seats in HoR
- Referendums: Majority of States
Respect for rights
- Australia is founded on the Rule of Law and has a strong tradition of respect for the rights and freedoms of every individual.
- Human rights are recognised and protected across Australia through a range of laws at the federal and state and territory levels, the Australian Constitution, and the common law
Robust institutions
- Australia is founded on strong institutions
- In Australia, fair and effective governance is seen as the foundation for economic growth and a free society
Absolutism
the political doctrine and practice of unlimited centralized authority and absolute sovereignty, as vested especially in a monarch or dictator
china - president in all branches of government
rule of men
opposite of rule of law
autocratic systems of government are characterised by the abuse of law by the powerful to subjugate the people
not all people are subject to the law, not all equal in the eyes of the law, unfairly charged
concentration of powers
i.e. china
Xi Jinping either directly controls or exerts influence over all branches of government
legislative branch (nationals people congress) influenced by executive branch (communist party which is controlled by politburo)
judiciary branch controlled by legislative branch (nationals people congress)
unicameral
rule of one (or of few)
government in which one person has all the power.
no respect for rights
FORCED POPULATION CONTROL
CCP sustained campaign of
- forced sterilization,
- forced abortion, and
- involuntary implantation of birth control.
DETENTION
one million Uyghurs, ethnic Kazakhs, ethnic Kyrgyz, and members of other Muslim minority groups in internment camps;
Forced labor in facilities nearby or affiliated with the internment camps;
VIOLATIONS OF RELIGIOUS FREEDOMS
continues to show blatant disregard for religious freedom and exercises extreme hostility to members of all religious faiths, including Protestants, Catholics, Tibetan Buddhists, Uyghur Muslims, and Falun Gong.
fragile institutions
those in power can override the institutions of government if they wish or need to in order to remain in power
