test 1 3m

Question 1

Separation of powers description + significance

Answer 1

legislative- parliament
- makes/creates laws
- most powerful institution of system of gov- expresses will of majority + translates into majority rule
- “directly chosen my people” - section 7 + 24 of constitution
- ss1-60 constitution

executive- cabinet + public service
- executes laws
- responsible for particular area of gov activity- responsibility called portfolio
- ss 61-70 constitution

judicial power- courts + judges
- resolves disputes by interpreting law in specific cases
- judicial power- power to make legally binding decisions when interpreting
- ss 71-80

judiciary has complete independence fro, executive + legislative
–> allows judges to be extremely secure in role + free from interference/pressure by exec gov + parlmnt

legislative + executive intertwined- GG in both
- Some members of Parliament are also members of the government
- Parliament delegates some law-making power to government departments and Executive Council

Question 2

separation of pwr significance

Answer 2

Each of these functions should be exercised by one organ of government, with no overlap, so that each can then act as a check and balance on the others, in this way power will be limited and abuse of power become difficult

Question 3

division of powers

Answer 3

local- Acts of
Parliament passed by state parliaments and include
responsibility for building regulations, rubbish collection,
local roads and pet control

state- power to look after
laws not covered by the federal government; for instance,
hospitals, schools, police and housing services

federal- it administers (puts into action) laws
in relation to defence, immigration, foreign affairs, trade,
postal services and taxation.

Question 4

rule of law significance

Answer 4

All citizens are treated equally and lawfully which protects citizen’s rights

Montenegrin Judges Accused of Bribe-Taking in ‘Coup Plot’ Trial Nov 2023

montengro- has ROL there

Question 5

Westminster conventions descbribing

Answer 5

1. party wins majority lower house, forms gov- majority rule
2. prime minister must sit in the lower house- w/ winning party
3. the public service must be neutral, enact gov policy + provide ‘frank + fearless’ advice

Robodebt scheme raised more than half a million inaccurate Centrelink debts through a method of ‘income averaging’, which has since been ruled unlawful. - APS Commission neglected by not identifying how the disempowering of the public service had undermined its ability to tell ministers that robo-debt was unlawful

Question 6

excusive/concurrent/residual powers descriptions

Question 7

Cooperative/coordinate/coercive federalism descriptions

Question 8

IMR/CMR descriptions

Question 9

Cabinet secrecy/Cabinet solidarity descriptions

Answer 9

*westminister convention

requires the deliberations + discussions of Cabinet to be confidential

allows cabinet to reach single position + cabinet solidarity

enables the exec to address issues facing nation, debate policy, deal w/ crisises, allocate resources thru budget & plan political strategy

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

Question 10

Constitutional/political/administrative executives desciptions

Question 11

Westminster chain of accountability significance

Question 12

Representative democracy significance

Question 13

Commonwealth Parliament significance

Question 14

Executive power

Question 15

Constitutional limits on power significance

Question 16

Court hierarchy Australia

Question 17

Judicial independence describe