test 1 Flashcards
representative democracy
form of gov which citizens elect representatives to govern on their behalf
thre is a representative assembly (parlmnt) w/ law making pwers
parlmnt exercises ppl’s sovereignty to make laws supported by majority of citizens
liberal democracy
form of gov which liberal values of repsect for individual rights + freedoms temper majority rule.
delegates exercise ppl’s pwr on their behalf + for their benefit
liberal democracy principles
majority rule
equality of political rights
political freedoms
political participation
constitutional monarchy
form of gov which monarch rules nation state w/ limits of pwer by constitution
monarchy –> british colonised aus
gg represents monarch in parlmnt
conventions which bring monarchy under rule of law
royal pwr must only be exercised on advice of minister who are responsible to the elected parlmt. e.g. the pwr to appoint ministers once PM has reccommended their cabinet
monarch always assents to laws passed by parliament
parliamentary exec (PM + cabinet) may exercise royal prerogative pwrs (those inn exe may use w/o parliamentary approval. e.g. declaring war)
majority rule
50% + 1
legislature is chosen by the ppl. laws made by parlmnet composed of reps chosen by the ppl. Unsures laws reflect value of majority. Parlmmts relect will of majority in law it passes
an exec is chosen by the ppl (gov) executes laws + makes policies to implent them
sovereignty
The unlimited authority of a nation state/ state w/in a fed to govern itself.
requires geographical territory, pop., political syste, to govern the ppl + territory
e.g 2017 Malcolm Turnbull made public remark on alleged foreign interference from China in Aus affairs. noted when china was founded (1949) its leaders declared “the chinese ppl have stood up”- assertion of chinese sovereignty
constitution
laws that limits pwr of gov including monarch
may be written or unwritten (conventions)
conventions are practices + traditions that act to limit pwr of monarch
Commonwealth of Australia Constitution Act.
separation of pws
based on idea of dispersed pwr
the organisation of pwr of gov in a way that prevents concentration of pwr
3 branches- legislative, legislature, executive
judicial independence
complete independence from legslative + executive gov
judges are appointed by exec gov but cannot be dismissed
can only be dismissed by parlmnt for ‘proved misbehaviour or incapacy’ - section 72 of constitution
who is govenor general
david hurley
checks + balances
check: limits to pwr
balances: an equivalence of diff types of pwr
when pwrs are separated them can provide accountabilities or checks + balances on each other
checks + balanes between each branches of gov in aus
leislature –> judiciary: makes laws + can dismiss judge
judiciary–> legislature: interprets law
judiciary –> exec: judges lawfulness of policies
exec–> judiciary: appoints judge
exec –> legislature: proposes law
legislature –> exec: makes laws + approves gov spending + makes & breaks gov
rule of law
no is is above law
law is ultimate authority in any society
protects citizens from abuses of pwr
via rule of law, citizens can limit those in pwr
judges apply law in individual + specific cases –> would be against principles of liberal democracy if influenced in any way
unitary
form of gov which there is only 1 national gov in which sovereignty is vested
UK + NZ have regional govs + pwrs are granted to them via national gov
most political pwrs belong to central gov- local govs are reliant on central gov
federation
The act of becoming a federation
–> Aus becoming a nation state from 6 colonies
federalism: the division of nation’s sovereignty between 1 nation + 2 or more regional govs
–> alternate to a unitary state which sovereignty is undivide
main institutions of AUs federation
commonwealth at national level
state govs at regional level
nationally- GG, commonwealth parlmnt, federal exec gov + federal court
regionally- 6 govenors, state parmnts, state exec govs + state courts
bicameralism
2 houses of parlmnt
in Aus, there is upper house + lower house
ALL PARLMNTS EXCEPT QLD, NT + ACT ARE BICAMERAL (UNICAMERICAL)
upper house- senate
lower house- House of reps
Senate vs HOR
senate- upper house
- to represent interests of 6 states @ commonwealth level of gov
- elected by citizens of each state
-12/state, 2/territory= 76 senators
serves for max 6 yrs p/term
typically commencing 1st july following election
HOR- lower house
- directly elected by entire body of enrolled electors
- membs elected by Aus citizens in electorates in which they live
- 151 members
- members serve max 3 yrs p/term
Commonwealth parliament
the institution in the Aus political system that represents the ppl + states
makes laws, makes & breaks gov, + debates importaant issues on concern to nation
it is sovereign + foundation of Aus rep democracy
commonwealth parliamen t parts
the crown- monarch
HOR- lower house
the senate- upper house
federal executive council (EXCO)
council of ministers advising the GG
another institution of constitutional monarchy of Aus
link between formal exec (the crown) + parliamentary exec (Cabinet)
Head of State
person who represents a country or state at the highest level
for aus that would be monarch/GG
= King charles III/ david hurley
Constitution does not contain words “head of state”
–> GG that does duties associated w/ role
Govenor General
Represents monarch of Aus
excersises exec pwr of the commonwealth- formally vested by king
posseses express, formal + reserve pwrs
Constitutional executive
formal part of exec created by chapter 2 constitution
includes constitutionsl monarch + Aus rep- GG
should be above politcs + does not excersise real pwr except in expeptional circumstances when parliamentary gov cannot function
-e.g. if election resulted in hung parliament whih was unable to form a gov, GG may csll for second election w/o advie from PM
Political executive
cabinet may be regarded as political/real executive
–> weilds genuine power
has democratic legitimacy, smth constitutional exec lacks
not above politics–> rather immersed in battle of politics + ideas
weirds real pwr via conventions of repsonsible gov
Administrative executive
also known as public service
agenies carry out the administrations of the laws
employees become highly trained w/in area of specialty
e.g. organisations involved in development of public policy- Australian Law Reform Commission + Climate Change Authority
Administrative executive characteristics
- apolitical- politically neutral + will serve any elected gov
expert- may develop skills + expertise over an entire career
many positions are permanent- do not automatically lose their jobs when a gov is voted out of office- provides security + removes fear from ministers who may disagree w/ thei advice
organised as bureaucracy:
- comprised of departments + agencies
- different levels
- each job/role has specific duties
Head of Government
Aus= Albo
general term of gov = head of gov
highest ranking exec branch
Wa = Roger Cook
Prime Minister
Albo
head of federal exec (gov)
leader of majority in HOR
no meantion in constitution
discusses policies + examines bills – proposals for new laws.
selects members of gov to be ministers
leads Cabinet in deciding govt policy
being the lead govspokesperso
Cabinet
committee of exec
primprised of PM + senior ministers
governed entirely by conventions + has no legal or constitutional authoritty
most powerful institution in system of gov
not grounded in constitutional law- governed by unwritten Westminister conventions of responsible gov
Conventions
- 1990’s constitutional conventions, meetings to discuss federation
- Westminster conventions- unwritten rule abt an institution +/or process abt how gov works in practice
custom + practice acquired legitimacy over time, now considered a ‘rule’ w/ weak means of enforcement
Westminister conventions
- party wins majority lower house, forms gov
- prime minister must sit in the lower house
- individual ministers are responsible for their personal probity + they are (debatably) responsible for actions of their department (peter garrett- env home insulators —> GFC)
(breach should lead to resignation from cabinet)
split cabinet- prior + other ministry - the public service must be neutral, enact gov policy + provide ‘frank + fearless’ advice (robodebt)
Homegrown conventions
- the governor general must act on advice of PM (limits their constitutional power leg + exec) —> writes for elections Royal Asset bills appointing judges
- senate may suggest budget amendments (constitution only HOR initiate budget bill
responsible government
idk :)
parliamentarians have role of questioning + scrutinising the gov every sitting day of parlmnt between elections
executive is directly frawn from, + accountable to, the parlmnt
the formation of the exec w/in the parlmnt + its constant accountability to the parlmnt
idk
Westminister chain of accountability
begins with the Parliament being accountable to the people at election
time, the Cabinet being accountable to the Parliament, the Public Service and its departments being overseen by and accountable to the Cabinet.
Individual Ministerial Responsibility
IMR
if a minister is incompetent in managing their portfolio responsibilities or is may hold them accountable thru convention of censure
the minister is responsible to parliament
cabinet secrecy
westminister convention
requires the deliberations + discussions of Cabinet to be confidential
allows cabinet to reach single position + present itself as united gov (cabinet solidarity)
enables the exec to address issues facing nation, debate policy, deal w/ crisises, allocate resources thru budget & plan political strategy
Collective miniteral responsibility
CMR
westminister convention
entire exec gov may be held to account by HOR–> part of parlmnt’s ‘responsibility function’
cabinet solidarity
westminister convention
once cabinet reaches decision, convension of baninet requires every member to agree including those who argued against
ministers are allowed to disagree within cabinet but publically have to support it
exclusive powers
powers grant by the Constitution to the commonwealth parliament alone
may have legislative or finantial powers
e.g. section 52- grants pwr ‘to make laws for the peace, order + good gov of the commonwealth w/ respect to…’
concurrent powers
power granted by the constitution + state parlmnt.
shared powers
section 109- inavidates state laws that conflict w/ commonwealth laws, to the extent of the inconsistancy
residual powers
all gov powers not specified or enumerated in the constitution
exersied by the states
e.g. urban planning and civil law
High court
High court of Aus- highest court of Aus
section 71- vests judicial pw of the commonwealth in the high court + other federal courts in parliament may create
has origional juristiction over interpretation of constitution + has been major agent of constitution change since federation
apex of court heirarchy
court heirarchy
ranked order of courts
each level has origional juristictions granted by various judiciary acts/ constitution (if high court)
essention for distribution of work load of courts, for specialisation of courts, for appeals process to work + dectrine of precedent to operate
geographical juristiction
the area over which its authority extends.
in Aus, refers to part of country (state/territory) in whcih court has authority
Legal jurisdiction
the areas of law over which it has authority to hear and decide cases
some court (e.g. supreme + district courts of WA) have general juristiction + can hear criminal, civil + administrative law cases
*Cooperative federalism
equal or separate but equal
flexible relationship between the federal and state governments in which both work together on a variety of issues and programs.
uniform tax federal gov income tax 1942
*confederation federalism
weak central strong states
*Coercive federalism
one level stronger than the other
problem: Vertical fiscal imbalance
Solution:
1. Commonwealth Grants Commission- GST
try to achieve HFE- balance living standards + services around australia
2. tied grants s96- money transfers to the states * w/ conditions
