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test 1 Flashcards

1
Q

representative democracy

A

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

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2
Q

liberal democracy

A

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

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3
Q

liberal democracy principles

A

majority rule

equality of political rights

political freedoms

political participation

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4
Q

constitutional monarchy

A

form of gov which monarch rules nation state w/ limits of pwer by constitution

monarchy –> british colonised aus

gg represents monarch in parlmnt

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5
Q

conventions which bring monarchy under rule of law

A

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)

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6
Q

majority rule

A

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

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7
Q

sovereignty

A

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

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8
Q

constitution

A

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.

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9
Q

separation of pws

A

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

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10
Q

judicial independence

A

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

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11
Q

who is govenor general

A

david hurley

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12
Q

checks + balances

A

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

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13
Q

checks + balanes between each branches of gov in aus

A

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

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14
Q

rule of law

A

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

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15
Q

unitary

A

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

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16
Q

federation

A

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

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17
Q

main institutions of AUs federation

A

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

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18
Q

bicameralism

A

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

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19
Q

Senate vs HOR

A

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

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20
Q

Commonwealth parliament

A

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

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21
Q

commonwealth parliamen t parts

A

the crown- monarch

HOR- lower house

the senate- upper house

22
Q

federal executive council (EXCO)

A

council of ministers advising the GG

another institution of constitutional monarchy of Aus

link between formal exec (the crown) + parliamentary exec (Cabinet)

23
Q

Head of State

A

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

24
Q

Govenor General

A

Represents monarch of Aus

excersises exec pwr of the commonwealth- formally vested by king

posseses express, formal + reserve pwrs

25
Q

Constitutional executive

A

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

26
Q

Political executive

A

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

27
Q

Administrative executive

A

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

28
Q

Administrative executive characteristics

A
  • 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

29
Q

Head of Government

A

Aus= Albo

general term of gov = head of gov

highest ranking exec branch

Wa = Roger Cook

30
Q

Prime Minister

A

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

31
Q

Cabinet

A

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

32
Q

Conventions

A
  1. 1990’s constitutional conventions, meetings to discuss federation
  2. 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
33
Q

Westminister conventions

A
  1. party wins majority lower house, forms gov
  2. prime minister must sit in the lower house
  3. 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
  4. the public service must be neutral, enact gov policy + provide ‘frank + fearless’ advice (robodebt)
34
Q

Homegrown conventions

A
  1. the governor general must act on advice of PM (limits their constitutional power leg + exec) —> writes for elections Royal Asset bills appointing judges
  2. senate may suggest budget amendments (constitution only HOR initiate budget bill
35
Q

responsible government

idk :)

A

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

36
Q

Westminister chain of accountability

A

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.

37
Q

Individual Ministerial Responsibility

IMR

A

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

38
Q

cabinet secrecy

A

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

39
Q

Collective miniteral responsibility

CMR

A

westminister convention

entire exec gov may be held to account by HOR–> part of parlmnt’s ‘responsibility function’

40
Q

cabinet solidarity

A

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

41
Q

exclusive powers

A

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…’

42
Q

concurrent powers

A

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

43
Q

residual powers

A

all gov powers not specified or enumerated in the constitution

exersied by the states

e.g. urban planning and civil law

44
Q

High court

A

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

45
Q

court heirarchy

A

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

46
Q

geographical juristiction

A

the area over which its authority extends.

in Aus, refers to part of country (state/territory) in whcih court has authority

47
Q

Legal jurisdiction

A

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

48
Q

*Cooperative federalism

A

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

49
Q

*confederation federalism

A

weak central strong states

50
Q

*Coercive federalism

A

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

hass (3 decks)

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